Air Plan Approval; Kentucky; Boyd and Christian County Limited Maintenance Plans for the 1997 8-Hour Ozone NAAQS, 51933-51941 [2022-18168]
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40 CFR Part 52
[EPA–R04–OAR–2022–0167; FRL–10150–
01–R4]
Air Plan Approval; Kentucky; Boyd and
Christian County Limited Maintenance
Plans for the 1997 8-Hour Ozone
NAAQS
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
state implementation plan (SIP)
revisions submitted by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet
(Cabinet), on March 29, 2021. The SIP
revisions include the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS or standards) Limited
Maintenance Plans (LMPs) for the
Kentucky portion (hereinafter referred
to as the Boyd County Area) of the
Huntington-Ashland, WV-KY 1997
8-hour ozone maintenance area
(hereinafter referred to as the
Huntington-Ashland, WV-KY Area) and
the Kentucky portion (hereinafter
referred to as the Christian County Area)
of the Clarksville-Hopkinsville, TN-KY
1997 8-hour ozone maintenance area
(hereinafter referred to as the
Clarksville-Hopkinsville, TN-KY Area).
EPA is proposing to approve Kentucky’s
LMPs for the Boyd County and Christian
County Areas because they provide for
the maintenance of the 1997 8-hour
ozone NAAQS within the HuntingtonAshland, WV-KY Area and the
Clarksville-Hopkinsville, TN-KY Area,
respectively. The effect of these actions
would be to make certain commitments
related to maintenance of the 1997
8-hour ozone NAAQS in the Boyd
County and Christian County Areas
federally enforceable as part of the
Kentucky SIP.
DATES: Comments must be received on
or before September 14, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0167 at
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
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consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
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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
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SUMMARY:
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submissions, and general guidance on
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FOR FURTHER INFORMATION CONTACT:
Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8085. Mr. Ortiz Borrero can also be
reached via electronic mail at
ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Summary of EPA’s Proposed Action
II. Background
III. Kentucky’s SIP Submittals
IV. EPA’s Evaluation of Kentucky’s SIP
Submittals
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of
Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
In accordance with the Clean Air Act
(CAA or Act), EPA is proposing to
approve the Boyd County and Christian
County Areas’ LMPs for the 1997 8-hour
ozone NAAQS, adopted by the Cabinet
on March 29, 2021, and submitted by
the Cabinet as revisions to the Kentucky
SIP on March 29, 2021. On April 30,
2004, the Huntington-Ashland, WV-KY
Area, which includes the Boyd County
Area, was designated as nonattainment
for the 1997 8-hour ozone standard.
Subsequently, on September 29, 2006,
the Cabinet submitted a redesignation
request and the first 10-year
maintenance plan for the Boyd County
Area. In 2007, after having clean data
and EPA’s approval of a maintenance
plan, the Boyd County Area was
redesignated to attainment for the 1997
8-hour ozone NAAQS. See 72 FR 43172
(August 3, 2007).
Additionally, on April 30, 2004, the
Clarksville-Hopkinsville, TN-KY Area,
which includes the Christian County
Area, was designated as nonattainment
for the 1997 8-hour ozone standard.
Subsequently, on May 20, 2005, the
Cabinet submitted a redesignation
request and the first 10-year
maintenance plan for the Christian
County Area. In 2006, after having clean
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data and EPA’s approval of a
maintenance plan, the Area was
redesignated to attainment for the 1997
8-hour ozone NAAQS. See 71 FR 4047
(January 25, 2006).
The Boyd County and Christian
County Areas’ LMPs for the 1997 8-hour
ozone NAAQS, submitted by the
Cabinet on March 29, 2021, are designed
to maintain the 1997 8-hour ozone
NAAQS within the Boyd County and
Christian County Areas through the end
of the second 10-year portion of the
maintenance period beyond
redesignation. EPA is proposing to
approve the plans because they meet all
applicable requirements under CAA
sections 110 and 175A. As a general
matter, the Boyd County and Christian
County Areas’ LMPs rely on the same
control measures and contingency
provisions to maintain the 1997 8-hour
ozone NAAQS during the second 10year portion of the maintenance periods
as the maintenance plans submitted by
the Cabinet for the first 10-year periods.
II. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. These two
pollutants, referred to as ozone
precursors, are emitted by many types of
pollution sources, including on- and offroad motor vehicles and engines, power
plants and industrial facilities, and
smaller area sources such as lawn and
garden equipment and paints. Scientific
evidence indicates that adverse public
health effects occur following exposure
to ozone, particularly in children and in
adults with lung disease. Breathing air
containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma and other lung
diseases.
Ozone exposure also has been
associated with increased susceptibility
to respiratory infections; increased
medication use, doctor visits, and
emergency department visits; and
increased hospital admissions for
individuals with lung disease. Children
are at increased risk from exposure to
ozone because their lungs are still
developing and they are more likely to
be active outdoors, which increases
their exposure.1
In 1979, under section 109 of the
CAA, EPA established primary and
secondary NAAQS for ozone at 0.12
parts per million (ppm), averaged over
a 1-hour period. See 44 FR 8202
1 See ‘‘Fact Sheet, Proposal to Revise the National
Ambient Air Quality Standards for Ozone,’’ January
6, 2010, and 75 FR 2938 (January 19, 2010).
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(February 8, 1979). On July 18, 1997,
EPA revised the primary and secondary
NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08
ppm, averaged over an 8-hour period.
See 62 FR 38856 (July 18, 1997).2 EPA
set the 8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 8-hour ozone NAAQS would be
more protective of human health,
especially for children and adults who
are active outdoors, and for individuals
with a pre-existing respiratory disease,
such as asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the Huntington-Ashland,
WV-KY Area, which consists of Boyd
County in Kentucky and Cabell County
and Wayne County in West Virginia,
and the Clarksville-Hopkinsville, TNKY Area, which consists of Christian
County in Kentucky and Montgomery
County in Tennessee, as nonattainment
for the 1997 8-hour ozone NAAQS.
Those designations became effective on
June 15, 2004. See 69 FR 23858 (April
30, 2004).
Similarly, on May 21, 2012, EPA
designated areas as unclassifiable/
attainment or nonattainment for the
2008 8-hour ozone NAAQS. EPA
designated the Boyd County and
Christian County Areas as
unclassifiable/attainment for the 2008 8hour ozone NAAQS. These designations
became effective on July 20, 2012. See
77 FR 30088. On November 16, 2017,
areas were designated for the 2015
8-hour ozone 2015 8-hour ozone
NAAQS. The Boyd County and
Christian County Areas were again
designated attainment/unclassifiable for
the 2015 8-hour ozone NAAQS, with an
effective date of January 16, 2018, for
both areas. See 82 FR 54232 (November
16, 2017).
A state may submit a request that EPA
redesignate a nonattainment area that is
attaining a NAAQS to attainment, and,
if the area has met the criteria described
in section 107(d)(3)(E) of the CAA, EPA
2 In March 2008, EPA completed another review
of the primary and secondary ozone NAAQS and
tightened them further by lowering the level for
both to 0.075 ppm. See 73 FR 16436 (March 27,
2008). Additionally, in October 2015, EPA
completed another review of the primary and
secondary ozone NAAQS and tightened them by
lowering the level for both to 0.070 ppm. See 80 FR
65292 (October 26, 2015).
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may approve the redesignation request.3
One of the criteria for redesignation is
for the area to have an approved
maintenance plan under CAA section
175A. The maintenance plan must
demonstrate that the area will continue
to maintain the NAAQS for the period
extending ten years after redesignation,
and it must contain such additional
measures as necessary to ensure
maintenance and such contingency
provisions as necessary to assure that
violations of the NAAQS will be
promptly corrected. Eight years after the
effective date of redesignation, the state
must also submit a second maintenance
plan to ensure ongoing maintenance of
the NAAQS for an additional ten years
pursuant to CAA section 175A(b) (i.e.,
ensuring maintenance for 20 years after
redesignation).
EPA has published long-standing
guidance for states on developing
maintenance plans. The Calcagni
memo 4 provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that projected future emissions of a
pollutant and its precursors will not
exceed the level of emissions during a
year when the area was attaining the
NAAQS (i.e., attainment year
inventory). See Calcagni memo at page
9. EPA clarified in three subsequent
guidance memos that certain areas can
meet the CAA section 175A requirement
to provide for maintenance by showing
that they are unlikely to violate the
NAAQS in the future, using information
such as the area design values 5 when
the design values are well below the
standard and have been historically
stable.6 EPA refers to a maintenance
3 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignating a nonattainment area
to attainment. They include attainment of the
NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that
improvement in air quality is a result of permanent
and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
4 John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality
Planning and Standards (OAQPS), ‘‘Procedures for
Processing Requests to Redesignate Areas to
Attainment,’’ September 4, 1992 (Calcagni memo).
5 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone area is the highest
design value of any monitoring site in the area.
6 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas,’’ from
Sally L. Shaver, OAQPS, November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas,’’ from
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plan containing this streamlined
demonstration as an LMP.
EPA has interpreted CAA section
175A as permitting the LMP option
because section 175A of the Act does
not define how areas may demonstrate
maintenance, and in EPA’s experience
implementing the various NAAQS,
areas that qualify for an LMP and have
approved LMPs have rarely, if ever,
experienced subsequent violations of
the NAAQS. As noted in the LMP
guidance memoranda, states seeking an
LMP must still submit the other
maintenance plan elements outlined in
the Calcagni memo, including an
attainment emissions inventory,
provisions for the continued operation
of the ambient air quality monitoring
network, verification of continued
attainment, and a contingency plan in
the event of a future violation of the
NAAQS. Moreover, a state seeking an
LMP must still submit its section 175A
maintenance plan as a revision to its
SIP, with all attendant notice and
comment procedures. While the LMP
guidance memoranda were originally
written with respect to certain NAAQS,7
EPA has extended the LMP
interpretation of section 175A to other
NAAQS and pollutants not specifically
covered by the previous guidance
memos.8
In this case, EPA is proposing to
approve Kentucky’s LMPs because the
Commonwealth has made a showing,
consistent with EPA’s prior LMP
guidance, that ozone concentrations in
the Huntington-Ashland, WV-KY and
Clarksville-Hopkinsville, TN-KY Areas
are well below the 1997 8-hour ozone
NAAQS and have been historically
stable and that the Commonwealth has
met the other maintenance plan
requirements. The Cabinet submitted
the LMPs for the Boyd County and
Christian County Areas to fulfill the
CAA’s second maintenance plan
requirement. EPA’s evaluation of the
Boyd County and Christian County
Areas’ LMPs is presented in section IV
of this document, below.
On May 20, 2005, and September 29,
2006, the Cabinet submitted requests to
Joseph Paisie, OAQPS, October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas,’’ from Lydia Wegman,
OAQPS, August 9, 2001. Copies of these guidance
memoranda can be found in the docket for this
proposed rulemaking.
7 The prior memos addressed: unclassifiable areas
under the 1-hour ozone NAAQS, nonattainment
areas for the PM10 (particulate matter with an
aerodynamic diameter less than 10 microns)
NAAQS, and nonattainment for the carbon
monoxide (CO) NAAQS.
8 See, e.g., 79 FR 41900 (July 18, 2014) (approval
of the second ten-year LMP for the Grant County
1971 SO2 maintenance area).
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51935
EPA to redesignate the Christian County
and Boyd County Areas, respectively, to
attainment for the 1997 8-hour ozone
NAAQS. Those submittals included
plans, for inclusion in the Kentucky SIP,
to provide for maintenance of the 1997
8-hour ozone NAAQS in the ClarksvilleHopkinsville, TN-KY Area through 2016
and in the Huntington-Ashland, WV-TN
Area through 2018. EPA approved the
Boyd County and the Christian County
Areas’ Maintenance Plans and the
Commonwealth’s requests to
redesignate these Areas to attainment
for the 1997 8-hour ozone NAAQS,
effective September 4, 2007, and
February 24, 2006, respectively. See 72
FR 43172 (August 3, 2007) and 71 FR
4047 (January 25, 2006), respectively.
Kentucky’s March 29, 2021, submittal
contains the second 10-year
maintenance plans for the 20-year
maintenance period of the 1997 8-hour
ozone NAAQS to ensure continued
maintenance for the ClarksvilleHopkinsville, TN-KY and HuntingtonAshland, WV-TN Areas.
Section 175A(b) of the CAA requires
states to submit a revision to the first
maintenance plan eight years after
redesignation to provide for
maintenance of the NAAQS for ten
additional years following the end of the
first 10-year period. However, EPA’s
final implementation rule for the 2008
8-hour ozone NAAQS revoked the 1997
8-hour ozone NAAQS and stated that
one consequence of revocation was that
areas that had been redesignated to
attainment (i.e., maintenance areas) for
the 1997 NAAQS no longer needed to
submit second 10-year maintenance
plans under CAA section 175A(b). See
80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality
Management District v. EPA, the United
States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
vacated EPA’s interpretation that,
because of the revocation of the 1997 8hour ozone NAAQS, second
maintenance plans were not required for
‘‘orphan maintenance areas,’’ i.e., areas
that had been redesignated to
attainment for the 1997 8-hour ozone
NAAQS maintenance areas and were
designated attainment for the 2008
ozone NAAQS. South Coast, 882 F.3d
1138 (D.C. Cir. 2018). Thus, states with
these ‘‘orphan maintenance areas’’
under the 1997 8-hour ozone NAAQS
must submit maintenance plans for the
second maintenance period.
Accordingly, on March 29, 2021,
Kentucky submitted second
maintenance plans for the Boyd County
and Christian County Areas that show
that the Areas are expected to remain in
attainment of the 1997 8-hour ozone
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NAAQS through 2027 and 2026,
respectively.
In recognition of the continuing
record of air quality monitoring data
showing ambient 8-hour ozone
concentrations in the HuntingtonAshland, WV-KY and ClarksvilleHopkinsville, TN-KY Areas well below
the 1997 8-hour ozone NAAQS, the
Cabinet chose the LMP option for the
development of second 1997 8-hour
ozone NAAQS maintenance plans. On
March 29, 2021, the Cabinet adopted the
second 10-year 1997 8-hour ozone
maintenance plans and also submitted
the Boyd County and the Christian
County Areas’ LMPs to EPA as revisions
to the Kentucky SIP.
III. Kentucky’s SIP Submittals
As mentioned above, on March 29,
2021, the Cabinet submitted the Boyd
County and Christian County Areas’
LMPs to EPA as revisions to the
Kentucky SIP. The submittals include
the LMPs, air quality data, emissions
inventory information, and appendices.
Appendices to the plans include
comments and responses between EPA
and the Cabinet; documentation of
notice, hearing, and public participation
prior to adoption of the plans by the
Cabinet on March 29, 2021; and a
Cabinet order, which notes that
Kentucky’s LMP submittals for the
remainder of the 20-year maintenance
period for the Boyd County and the
Christian County Areas are in response
to the D.C. Circuit’s decision
overturning aspects of EPA’s
implementation rule for the 2008 8-hour
ozone NAAQS (South Coast, 882 F.3d
1138 (D.C. Cir. 2018)).
The Boyd County and Christian
County Areas’ LMPs do not include any
additional emissions reduction
measures but rely on the same emission
reduction strategy as the first 10-year
maintenance plans that provide for
maintenance of the 1997 ozone NAAQS
through 2018 and 2016, respectively.
Prevention of significant deterioration
(PSD) requirements and control
measures contained in the SIP will
continue to apply, and Federal measures
(e.g., Federal motor vehicle control
programs) will continue to be
implemented in the Boyd County and
Christian County Areas.
Areas through the end of the 20-year
period beyond redesignation, as
required under CAA section 175A(b).
The following is a summary of EPA’s
interpretation of the section 175A
requirements 9 and EPA’s evaluation of
how each requirement is met for the
Boyd County and Christian County
Areas.
IV. EPA’s Evaluation of Kentucky’s SIP
Submittals
The Boyd County Area LMP includes
an ozone attainment inventory for Boyd
County that reflects typical summer day
emissions in 2014. Table 1 presents a
summary of the inventory for 2014
contained in the LMP.10
EPA has reviewed the Boyd County
and Christian County Areas’ LMPs,
which are designed to maintain the
1997 8-hour ozone NAAQS within these
A. Attainment Emissions Inventory
For maintenance plans, a state should
develop a comprehensive, accurate
inventory of actual emissions for an
attainment year to identify the level of
emissions which is sufficient to
maintain the NAAQS. A state should
develop this inventory consistent with
EPA’s most recent guidance on
emissions inventory development. For
ozone, the inventory should be based on
typical summer day emissions of VOC
and NOX, as these pollutants are
precursors to ozone formation.
1. Attainment Emissions Inventory—
Boyd County Area
TABLE 1—2014 TYPICAL SUMMER DAY 11 VOC AND NOX EMISSIONS FOR THE BOYD COUNTY AREA
[Tons/day]
Source category
NOX emissions
Nonpoint ...........................................................................................................................................................
Nonroad ...........................................................................................................................................................
Onroad .............................................................................................................................................................
Point .................................................................................................................................................................
13.08
0.24
1.43
2.32
1.29
0.29
2.81
7.61
Total ..........................................................................................................................................................
17.07
12.00
The LMP guidance indicates that an
attainment emissions inventory should
be developed in order to identify
emission levels in the area and provide
the area with a basis to maintain the
NAAQS. The inventory should consist
of the ozone precursors (NOX and VOC)
and their emissions from a typical
summer day measured in tons per day
(tpd). The emissions data are based on
the 2014v2 National Emissions
Inventory (NEI) platform for point
sources, nonpoint sources, onroad, and
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VOC emissions
9 See
Calcagni memo.
response to a comment from EPA regarding
discrepancies between the emissions data in
Kentucky’s prehearing SIP submittal and the
emissions data in version 2 of the 2014 National
Emissions Inventory (NEI), Kentucky explained in
its March 29, 2021, submittal that it had initially
used the NEI 2014 version 1 data but agreed that
updating to 2014 version 2 data would be
10 In
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nonroad mobile sources. For Boyd
County, point sources make up the
majority of contributions of NOX, at 7.61
tpd. Nonpoint sources make up the
majority of VOC contributions at 13.08
tpd. Based on our review of the
methods, models, and assumptions used
by Kentucky to develop the VOC and
NOX estimates, EPA proposes to find
that the Boyd County Area’s LMP
includes a comprehensive, reasonably
accurate inventory of actual ozone
precursor emissions in attainment year
2014 and proposes to conclude that the
plan’s inventories are acceptable for the
purposes of a subsequent maintenance
plan under CAA section 175A(b).
appropriate. However, the final submittal still
contains a discrepancy in the onroad VOC
emissions data. Therefore, in Table 1 of this
document, EPA has presented the value that was
calculated using the 2014 NEI version 2 emissions
data.
11 The following formula was used to determine
the typical summer day emissions for each sector:
(Annual emissions) × (25 percent annual
throughput June–Aug)/92 = typical summer day
emissions. This formula represents the tons per
summer day by taking the annual emissions of NOX
and VOC from each source sector, multiplying it by
0.25 (which represents June, July, and August, the
summer quarter of the calendar year), and then
dividing it by 92 (which accounts for each summer
day). Data from the 2014v2 NEI were used for the
annual emissions part of the equation.
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2. Attainment Emissions Inventory—
Christian County Area
The Christian County Area LMP
includes an ozone attainment inventory
for Christian County that reflects typical
summer day emissions in 2014. Table 2
presents a summary of the inventory for
2014 contained in the LMP.
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TABLE 2—2014 TYPICAL SUMMER DAY 12 VOC AND NOX EMISSIONS FOR THE CHRISTIAN COUNTY AREA
[Tons/day]
Source category
NOX emissions
VOC emissions
Nonpoint ...........................................................................................................................................................
Nonroad ...........................................................................................................................................................
Onroad .............................................................................................................................................................
Point .................................................................................................................................................................
27.04
0.38
1.99
1.07
2.44
1.08
5.75
0.32
Total ..........................................................................................................................................................
30.48
9.59
As with Boyd County, the emissions
data are based on the 2014v2 NEI
platform for point sources, nonpoint
sources, onroad, and nonroad mobile
sources. For Christian County, onroad
mobile sources make up the majority of
contributions of NOX, at 5.75 tpd.
Nonpoint sources make up the majority
of contributions of VOC, at 27.04 tpd.
Based on our review of the methods,
models, and assumptions used by
Kentucky to develop the VOC and NOX
estimates, EPA proposes to find that the
Christian County Area’s LMP includes a
comprehensive, reasonably accurate
inventory of actual ozone precursor
emissions in attainment year 2014 and
proposes to conclude that the plan’s
inventories are acceptable for the
purposes of a subsequent maintenance
plan under CAA section 175A(b).
B. Maintenance Demonstration
1. Boyd County Area—Maintenance
Demonstration for Huntington-Ashland,
WV-KY Area
The maintenance demonstration
requirement is considered to be satisfied
in an LMP if the state can provide
sufficient weight of evidence indicating
that air quality in the area is well below
the level of the NAAQS, that past air
quality trends have been shown to be
stable, and that the probability of the
area experiencing a violation over the
second 10-year maintenance period is
low.13 These criteria are evaluated
below with regard to the Boyd County
Area.
a. Evaluation of Ozone Concentrations
in Huntington-Ashland, WV-KY Area
To attain the 1997 8-hour ozone
NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations (design
value) at each monitor within an area
must not exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, Appendix I, the 1997 8hour ozone NAAQS is attained if the
design value is 0.084 ppm or below.
There are currently two ozone
monitors in the Huntington-Ashland,
WV-KY Maintenance Area, one in Boyd
County, Kentucky, and one in Cabell
County, West Virginia (which was
relocated to a new location in 2019).
Based on quality assured and certified
monitoring data for 2019–2021, the
current design value for the HuntingtonAshland, WV-KY is 0.059 ppm, or 70
percent of the level of the 1997 8-hour
ozone NAAQS. Consistent with prior
guidance, EPA believes that if the most
recent air quality design value for the
area is at a level that is well below the
NAAQS (e.g., below 85 percent of the
NAAQS, or in this case, below 0.071
ppm), then EPA considers the state to
have met the section 175A requirement
for a demonstration that the area will
maintain the NAAQS for the requisite
period. Such a demonstration assumes
continued applicability of prevention of
significant deterioration requirements
and any control measures already in the
SIP and that Federal measures will
remain in place through the end of the
second 10-year maintenance period,
absent a showing, consistent with CAA
section 110(l), that such measures are
not necessary to assure maintenance.
Table 3 presents the design values (in
ppm) for each monitor in the
Huntington-Ashland, WV-KY
Maintenance Area over the 2006–2021
period. As shown, the AQS monitors in
the area—Ashland Primary-(FIVCO)
Monitor (AQS ID 21–019–0017) and
Huntington Monitors (AQS ID 54–011–
0006 and AQS 54–011–0007) 14—have
been well below the level of the 1997 8hour ozone NAAQS over the entire first
10-year maintenance period since the
Area was redesignated to attainment,
and the most recent design value is
below the level of 85 percent of the
NAAQS, consistent with prior LMP
guidance.
TABLE 3—1997 8-HOUR OZONE NAAQS DESIGN VALUES 15 (ppm) FOR MONITORS IN HUNTINGTON ASHLAND, WV-KY
AREA FOR THE 2006–2021 TIME PERIOD
County
Boyd, KY ...........................
Cabell, WV ........................
Cabell, WV ........................
AQS site ID
2006–
2008
DV
2007–
2009
DV
2008–
2010
DV
2009–
2011
DV
2010–
2012
DV
2011–
2013
DV
2012–
2014
DV
2013–
2015
DV
2014–
2016
DV
2015–
2016
DV
2016–
2018
DV
2017–
2019
DV
2018–
2020
DV
2019–
2021
DV
21–019–0017
54–011–0006
54–011–0007
0.074
0.080
..........
0.070
0.073
..........
0.070
0.066
..........
0.069
0.067
..........
0.072
0.072
..........
0.069
0.069
..........
0.068
0.065
..........
0.066
0.062
..........
0.066
0.064
..........
0.065
0.064
..........
0.064
0.064
..........
0.062
(*)
(*)
0.061
(*)
(*)
0.059
..........
0.059
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* The Cabell County, West Virginia, monitor (AQS Site ID 54–011–0006) was relocated to a new site (AQS ID 54–011–0007) before the ozone monitoring season in
2019. As a result, neither site collected a complete three-year design value during 2017–2019 and 2018–2020.
Therefore, the Boyd County Area is
eligible for the LMP option, and EPA
proposes to find that the long record of
monitored ozone concentrations that
attain the NAAQS, together with the
12 See
13 See
footnote 11.
footnote 6.
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continuation of existing VOC and NOX
emissions control programs, adequately
provide for the maintenance of the 1997
8-hour ozone NAAQS in the Area
through the second 10-year maintenance
period and beyond.
Additional supporting information
that the Area is expected to continue to
maintain the NAAQS can be found in
14 The Huntington, WV monitor in Cabell County
was relocated, as explained in the note to Table 3
of this document.
15 See EPA Air Quality Design Values at https://
www.epa.gov/air-trends/air-quality-design-values.
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projections of future year design values
that EPA recently completed to assist
states with development of interstate
transport SIPs for the 2015 ozone
NAAQS.16 Those projections, made for
the year 2023, show that the highest
design value in the Area is projected to
be 0.058 ppm. EPA is not proposing to
make any finding in this rulemaking
regarding interstate transport obligations
for any state.
b. Stability of Ozone Levels in
Huntington-Ashland, WV-KY Area
As discussed above, the HuntingtonAshland, WV-KY Area has maintained
air quality well below the 1997 8-hour
ozone NAAQS over the past fourteen
years. Additionally, the design value
data shown within Table 3 of this
document, illustrates that ozone levels
have been relatively stable over this
timeframe, with an overall downward
trend. For example, the data within
Table 3 of this document indicates that
the largest year-over-year change in
design value at any one monitor during
fourteen years was seven parts per
billion (ppb), which occurred between
the 2006–2008 and between the 2007–
2009 and 2008–2010 design values.
Furthermore, the overall ozone
concentrations for the Area decreased
by 15 ppb between the 2007–2009 and
2019–2021 design values at the Ashland
Primary-Monitor (AQS ID 21–019–
0017). This downward trend in ozone
levels, coupled with the relatively
small, year-over-year variation in ozone
design values, makes it reasonable to
conclude that Huntington-Ashland, WVKY Area will not exceed the 1997 8hour ozone NAAQS during the second
10-year maintenance period.
2. Christian County Area—Maintenance
Demonstration for ClarksvilleHopkinsville, TN-KY Area
As stated above, the maintenance
demonstration requirement is
considered to be satisfied in an LMP if
the state can provide sufficient weight
of evidence indicating that air quality in
the area is well below the level of the
NAAQS, that past air quality trends
have been shown to be stable, and that
the probability of the area experiencing
a violation over the second 10-year
maintenance period is low. These
criteria are evaluated below with regard
to the Christian County Area.
a. Evaluation of Ozone Air Quality
Levels in Clarksville-Hopkinsville, TNKY Area
To attain the 1997 8-hour ozone
NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations (design
value) at each monitor within an area
must not exceed 0.08 ppm. Based on the
rounding convention described in 40
CFR part 50, Appendix I, the NAAQS is
attained if the design value is 0.084 ppm
or below. There is currently one ozone
monitor in the Clarksville-Hopkinsville,
TN-KY Maintenance Area, in Christian
County, Kentucky.
Based on quality assured and certified
monitoring data for 2019–2021, the
current design value for the ClarksvilleHopkinsville, TN-KY Area is 0.058 ppm,
or 69 percent of the level of the 1997 8hour ozone NAAQS. Consistent with
prior guidance, EPA believes that if the
most recent air quality design value for
the area is at a level that is well below
the NAAQS (e.g., below 85 percent of
the NAAQS, or in this case, below 0.071
ppm), then EPA considers the state to
have met the section 175A requirement
for a demonstration that the area will
maintain the NAAQS for the requisite
period. Such a demonstration assumes
continued applicability of prevention of
significant deterioration requirements
and any control measures already in the
SIP and that Federal measures will
remain in place through the end of the
second 10-year maintenance period,
absent a showing consistent with
section 110(l) that such measures are
not necessary to assure maintenance.
Table 4 presents the design values (in
ppm) for the Christian County,
Kentucky, monitor for the three-year
periods 2006–2008 through 2019–2021.
As shown in Table 4, the ClarksvilleHopkinsville, TN-KY Area has been
well below the level of the 1997 8-hour
ozone NAAQS over the entire first 10year maintenance period since the Area
was redesignated to attainment, and the
most current design value is below the
level of 85 percent of the NAAQS,
consistent with prior LMP guidance.
TABLE 4—1997 8-HOUR OZONE NAAQS DESIGN VALUES (ppm) AT THE MONITORING SITE IN THE CLARKSVILLEHOPKINSVILLE, TN-KY AREA FOR THE 2006–2021 TIME PERIOD
County
AQS site ID
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Christian ............................
21–047–0006
2006–
2008
DV
2007–
2009
DV
2008–
2010
DV
2009–
2011
DV
2010–
2012
DV
2011–
2013
DV
2012–
2014
DV
2013–
2015
DV
2014–
2016
DV
2015–
2016
DV
2016–
2018
DV
2017–
2019
DV
2018–
2020
DV
2019–
2021
DV
0.078
0.074
0.069
0.070
0.073
0.069
0.067
0.063
0.062
0.061
0.060
0.058
0.058
0.058
Therefore, the Christian County Area
is eligible for the LMP option, and EPA
proposes to find that the long record of
monitored ozone concentrations that
attain the NAAQS, together with the
continuation of existing VOC and NOX
emissions control programs, adequately
provide for the maintenance of the 1997
8-hour ozone NAAQS in the ClarksvilleHopkinsville, TN-KY Area through the
second 10-year maintenance period and
beyond.
Additional supporting information
that the Clarksville-Hopkinsville, TNKY Area is expected to continue to
maintain the NAAQS can be found in
projections of future year design values
that EPA recently completed to assist
states with development of interstate
transport SIPs for the 2015 ozone
NAAQS.17 Those projections, made for
the year 2023, show that the highest
design value in the Area is expected to
be 0.056 ppm.
16 See the spreadsheet titled ‘‘Ozone Monitoring
Site Design Values for 2008 through 2017 and for
2023’’ at https://www.epa.gov/airmarkets/memo-
and-supplemental-information-regarding-interstatetransport-sips-2015-ozone-naaqs.
17 See the spreadsheet titled ‘‘Ozone Monitoring
Site Design Values for 2008 through 2017 and for
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b. Stability of Ozone Levels in
Clarksville-Hopkinsville Area
As discussed above, the ClarksvilleHopkinsville, TN-KY Area has
maintained air quality well below the
1997 8-hour ozone NAAQS over the
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past fourteen years. Additionally, the
design value data shown within Table 4
of this document, illustrates that ozone
levels have been relatively stable over
this timeframe, with an overall
downward trend. For example, the data
within Table 4 of this document,
indicates that the largest year-over-year
change in design value at any one
monitor during these fourteen years was
five ppb which occurred between the
2007–2009 design value and the 2008–
2010 design value, and it represented
only a six percent change. Furthermore,
the overall ozone concentrations for the
2023’’ at https://www.epa.gov/airmarkets/memoand-supplemental-information-regarding-interstatetransport-sips-2015-ozone-naaqs.
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Clarksville-Hopkinsville, TN-KY Area
decreased by 20 ppb between the 2007–
2009 and 2019–2021 design values at
the Hopkinsville, Kentucky, monitor
(AQS ID 21–047–0006). This downward
trend in ozone levels, coupled with the
relatively small, year-over-year variation
in ozone design values, makes it
reasonable to conclude that the
Clarksville-Hopkinsville, TN-KY Area
will not exceed the 1997 8-hour ozone
NAAQS during the second 10-year
maintenance period.
C. Monitoring Network and Verification
of Continued Attainment
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EPA annually reviews the ozone
monitoring network that the Cabinet
operates and maintains in accordance
with 40 CFR part 58. This network is
described in the ambient air monitoring
network plan that is developed by the
Cabinet and submitted to EPA annually,
following a public notification and
comment process. EPA has reviewed
and approved Kentucky’s 2021 Ambient
Air Monitoring Network Plan (2021
Annual Network Plan).18
To verify the attainment status of the
area over the maintenance period, the
maintenance plan should contain
provisions for continued operation of an
appropriate EPA-approved monitoring
network in accordance with 40 CFR part
58. As noted above, the Cabinet’s
monitoring networks in the Boyd
County and Christian County Areas
have been approved by the EPA in
accordance with 40 CFR part 58, and the
Cabinet has committed to continue to
maintain a network in accordance with
the EPA requirements. For further
details on monitoring, the reader is
referred to the 2021 Kentucky Annual
Network Plan 19 as well as EPA’s
approval letter for the 2021 Annual
Network Plan, which can be found in
the docket for this proposed action. EPA
proposes to find that the Cabinet’s
monitoring network is adequate to
verify continued attainment of the 1997
ozone NAAQS in the HuntingtonAshland, WV-KY and ClarksvilleHopkinsville, TN-KY Areas.
18 See Letter from Caroline Y. Freeman, Director,
Air and Radiation Division, US EPA Region 4, to
Melissa K. Duff, Director, Kentucky Division for Air
Quality (October 27, 2021) (approving the 2021
Kentucky Ambient Air Monitoring Network Plan)
(included in docket for this proposed rulemaking).
19 2021 Kentucky Annual Ambient Air
Monitoring Network Plan. Commonwealth of
Kentucky Energy and Environment Cabinet,
Department for Environmental Protection, Division
for Air Quality (June 29, 2021). Available online at:
https://eec.ky.gov/Environmental-Protection/Air/
Air-Monitoring/Pages/default.aspx.
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D. Contingency Plan
Section 175A(d) of the Act requires
that a maintenance plan include
contingency provisions. The purpose of
such contingency provisions is to
prevent future violations of the NAAQS
or to promptly remedy any NAAQS
violations that might occur during the
maintenance period. The state should
identify specific triggers which will be
used to determine when the
contingency measures need to be
implemented.
For the Boyd County and Christian
County Areas, if a monitored violation
of the 8-hour ozone design value occurs
in any portion the Huntington-Ashland,
WV-KY Area or ClarksvilleHopkinsville, TN-KY Area, respectively,
or if periodic emission inventory
updates reveal excessive or
unanticipated growth in ozone
precursor emissions, the contingency
plans in Kentucky’s LMPs require the
Commonwealth to evaluate existing
control measures to see if any further
emission reduction measures should be
implemented. In the event of a
monitored violation of the 1997 ozone
NAAQS in the Huntington-Ashland,
WV-KY Area or the ClarksvilleHopkinsville, TN-KY Area, Kentucky
commits to adopt, within a period of
nine months, one or more of several
potential contingency measures listed in
the plan to re-attain the standard. After
the triggering monitored violation, all of
the selected regulatory programs will be
implemented within 18 months.
The plans also provide that the
Cabinet will complete any necessary
analyses to submit to EPA and that
contingency measures will be adopted
and implemented as quickly as possible
but no later than eighteen months after
the triggering event. Should the affected
area return to attainment prior to the
implementation of the contingency
measure(s), those measures may not be
implemented. In addition, the plans
provide that Cabinet reserves the right
to 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(s) not listed, the Cabinet will
solicit input from all interested and
affected parties in the area. No
contingency measure will be
implemented without notification to
EPA and approval granted by EPA.
EPA proposes to find that the
contingency provisions in Kentucky’s
second maintenance plans for both the
Boyd County and Christian County
Areas for the 1997 8-hour Ozone
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51939
NAAQS meet the requirements of the
CAA section 175A(d).
E. Conclusion
EPA proposes to find that the Boyd
County and Christian County Areas’
LMPs for the 1997 8-hour ozone
NAAQS include an approvable update
of the various elements (including
attainment inventory, assurance of
adequate monitoring and verification of
continued attainment, and contingency
provisions) of the initial EPA-approved
Maintenance Plan for the 1997 8-hour
ozone NAAQS. EPA also proposes to
find that the Boyd County and Christian
County Areas qualify for the LMP
option and adequately demonstrate
maintenance of the 1997 8-hour ozone
NAAQS through the documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and historically stable design
values.
EPA also believes the Boyd County
and Christian County Areas’ LMPs,
which retain all existing control
measures in the SIP, are sufficient to
provide for maintenance of the 1997 8hour ozone NAAQS in the HuntingtonAshland, WV-KY and ClarksvilleHopkinsville, TN-KY Areas,
respectively, over the second
maintenance period (i.e., through 2027
and 2026, respectively) and thereby
satisfy the requirements for such a plan
under CAA section 175A(b). EPA is
therefore proposing to approve
Kentucky’s March 29, 2021, submission
of the Boyd County and Christian
County Areas’ LMPs as revisions to the
Kentucky SIP.
V. Transportation Conformity
Transportation conformity is required
by section 176(c) of the CAA.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the NAAQS. See
CAA 176(c)(1)(A) and (B). EPA’s
transportation conformity rule at 40 CFR
part 93, subpart A, requires that
transportation plans, programs, and
projects conform to SIPs and establishes
the criteria and procedures for
determining whether they conform. The
conformity rule generally requires a
demonstration that emissions from the
Regional Transportation Plan (RTP) and
the Transportation Improvement
Program (TIP) are consistent with the
motor vehicle emissions budget (MVEB)
contained in the control strategy SIP
revision or maintenance plan. See 40
CFR 93.101, 93.118, and 93.124. A
MVEB is defined as ‘‘the portion of the
total allowable emissions defined in the
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submitted or approved control strategy
implementation plan revision or
maintenance plan for a certain date for
the purpose of meeting reasonable
further progress milestones or
demonstrating attainment or
maintenance of the NAAQS, for any
criteria pollutant or its precursors,
allocated to highway and transit vehicle
use and emissions.’’ See 40 CFR 93.101.
Under the conformity rule, LMP areas
may demonstrate conformity without a
regional emissions analysis. See 40 CFR
93.109(e). EPA made findings that the
MVEBs in the first 10-years of the 1997
8-hour zone maintenance plan for the
Boyd County and Christian County
Areas were adequate for transportation
conformity purposes. In a Federal
Register notice published on August 3,
2007, EPA notified the public of the
adequacy finding for the Boyd County
Area through final rulemaking; the
adequacy determination for the Boyd
County Area became effective on
September 4, 2007. See 72 FR 43172. In
a Federal Register notice published on
January 25, 2006, EPA notified the
public of the adequacy finding for the
Christian County Area through a final
rule; the adequacy determination for the
Christian County Area became effective
on February 24, 2006. See 71 FR 4047.
After approval of or an adequacy
finding for each of these LMPs, there is
no requirement to meet the budget test
pursuant to the transportation
conformity rule for the respective
maintenance area. All actions that
would require a transportation
conformity determination for the Boyd
County and Christian County Areas
under EPA’s transportation conformity
rule provisions are considered to have
already satisfied the regional emissions
analysis and ‘‘budget test’’ requirements
in 40 CFR 93.118 as a result of EPA’s
adequacy finding for the LMP. See 69
FR 40004 (July 1, 2004).
However, because LMP areas are still
maintenance areas, certain aspects of
transportation conformity
determinations still will be required for
transportation plans, programs, and
projects. Specifically, for such
determinations, RTPs, TIPs and
transportation projects still will have to
demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet
the criteria for consultation (40 CFR
93.105) and Transportation Control
Measure implementation in the
conformity rule provisions (40 CFR
93.113) as well as meet the hot-spot
requirements for projects (40 CFR
93.116).20 Additionally, conformity
20 A
conformity determination that meets other
applicable criteria in Table 1 of paragraph (b) of this
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determinations for RTPs and TIPs must
be determined no less frequently than
every four years, and conformity of plan
and TIP amendments and transportation
projects is demonstrated in accordance
with the timing requirements specified
in 40 CFR 93.104. In addition, in order
for projects to be approved they must
come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR
93.115.
VI. Proposed Actions
Under sections 110(k) and 175A of the
CAA and for the reasons set forth above,
EPA is proposing to approve the Boyd
County and Christian County Areas’
LMPs for the 1997 8-hour ozone
NAAQS, submitted by the Cabinet on
March 29, 2021, as revisions to the
Kentucky SIP. EPA is proposing to
approve the Boyd County and Christian
County Areas’ LMPs because they
include an acceptable update of the
various elements of the 1997 8-hour
ozone NAAQS Maintenance Plan
approved by EPA for the first 10-year
period (including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions), and
essentially carry forward all of the
control measures and contingency
provisions relied upon in the earlier
plans.
EPA also finds that the Boyd County
and Christian County Areas qualify for
the LMP option and that, therefore, the
Boyd County and Christian County
Areas’ LMPs adequately demonstrate
maintenance of the 1997 8-hour ozone
NAAQS through documentation of
monitoring data showing maximum
1997 8-hour ozone levels well below the
NAAQS and continuation of existing
control measures. EPA believes that the
Boyd County and Christian County
Areas’ 1997 8-Hour ozone LMPs are
sufficient to provide for maintenance of
the 1997 8-hour ozone NAAQS in the
Huntington-Ashland, WV-KY and
Clarksville-Hopkinsville, TN-KY Areas,
respectively, over the second 10-year
maintenance period, through 2027 and
2026, respectively, and thereby satisfy
the requirements for such a plan under
CAA section 175A(b).
VII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
section (93.109(e)) is still required, including the
hot-spot requirements for projects in CO, PM10, and
fine particulate matter (PM2.5) areas.
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Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided they meet the criteria of the
CAA. These actions merely propose to
approve state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
E:\FR\FM\24AUP1.SGM
24AUP1
Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Proposed Rules
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–18168 Filed 8–23–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0036; FRL–10151–
01–R4]
Air Plan Approval; North Carolina;
Source Testing and Monitoring
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is proposing to
approve changes to the North Carolina
State Implementation Plan (SIP),
submitted by the State of North Carolina
through the North Carolina Department
of Environmental Quality, Division of
Air Quality (NCDAQ), through a letter
dated October 9, 2020. The SIP revisions
include changes to NCDAQ’s
regulations regarding monitoring and
performance testing for stationary
sources of air pollution. EPA is
proposing to approve these changes
pursuant to the Clean Air Act (CAA or
Act).
DATES: Comments must be received on
or before September 23, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0036 at 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
jspears on DSK121TN23PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:06 Aug 23, 2022
Jkt 256001
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Febres can be reached via electronic
mail at febres-martinez.andres@epa.gov
or via telephone at (404) 562–8966.
SUPPLEMENTARY INFORMATION:
I. What action is EPA proposing?
EPA is proposing to approve changes
to North Carolina’s SIP that were
provided to EPA via a letter dated
October 9, 2020, regarding 15A North
Carolina Administrative Code (NCAC)
Subchapter 02D, Section .0600, Air
Contaminants; Monitoring; Reporting,
and Section .2600, Source Testing.1
Specifically, EPA is proposing to
approve changes to the following: under
Section .0600, .Rules .0607, Large Wood
and Wood-Fossil Fuel Combination
Fuels; .0608, Other Large Coal or
Residual Oil Burners; .0610, Federal
Monitoring Requirements; .0612,
Alternative Monitoring and Reporting
Procedures; and .0613, Quality
Assurance Program; and under Section
.2600, Rules .2603, Testing Protocol;
.2604, Number of Test Points; .2605,
Velocity and Volume Flow Rate; .2606,
Molecular Weight; .2607, Determination
of Moisture Content; .2608, Number of
Runs and Compliance Determination;
.2610, Opacity; .2612, Nitrogen Oxide
Testing Methods; .2613, Volatile
Organic Compound Testing Methods;
and .2614, Determination of VOC
Emissions Control System Efficiency.
Additional details on these changes, as
well as EPA’s rational for proposing
approval of these changes is found in
the next section.
II. EPA’s Analysis of the State’s
Submittal
A. Changes to 02D Section .0600
The October 9, 2020, SIP revision
modifies several rules under 02D
Section .0600, Monitoring:
Recordkeeping: Reporting. Rule 02D
.0607, Large Wood and Wood-Fossil
Fuel Combination Units, includes
mostly minor language and formatting
1 EPA notes that the Agency received several
submittals seeking to revise the North Carolina SIP
transmitted with the same October 9, 2020, cover
letter. EPA will be considering action for these
other SIP revisions, including certain 02D Section
.0600 and Section .2600 rules not considered in this
proposed action, in separate rulemakings.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
51941
changes that do not alter the meaning of
the provision. The other Section .0600
rules that are proposed for approval are
discussed in more detail hereinafter.
Rule 02D .0608, Other Large Coal or
Residual Oil Burners, is revised at
paragraph .0608(e) to change the
requirement that the minimum of four
data points in a valid hour of
monitoring be equally spaced to instead
require that each 15-minute quadrant of
the given hour contain at least one of
the four minimum data points. This
change was made to be consistent with
similar changes made to EPA’s 40 CFR
parts 60 and 75 continuous monitoring
requirements.2 The change will better
represent emissions across the whole
hour in which a unit operates because,
otherwise, it is possible for equally
spaced data points to be distributed in
such a way that a majority of the hour
is not accounted for (e.g., if the four
minimum data points are equallyspaced five minutes apart at the
beginning of the hour, which would
leave more than half of the hour without
data points). Using the revised scheme,
the minimum of four data points will
account for operation throughout the
hour. Additionally, this paragraph adds
language explaining that opacity
monitoring is exempted from the
requirement to obtain at least one data
point in each 15-minute quadrant per
hour. The exception for opacity
monitoring is simply a clarification of
the new requirement because the
continuous opacity monitoring for
certain units prescribed elsewhere (e.g.,
02D .0606, .0607) uses a different
scheme for collecting and averaging
data, such as a 6-minute averaging time
instead of an hour. However, paragraph
.0608(e) concerns monitoring for sulfur
dioxide (SO2), so the reference to
opacity is not necessary and does not
modify any existing requirements for
opacity monitoring. Finally, under
paragraph .0608(j), the State adds
Method 6C from appendix A to 40 CFR
part 60 and a reference to North
Carolina Rule 15A NCAC 02D .2600,
Source Testing, for emissions testing
conducted for compliance with the SO2
standard. The inclusion of Method 6C
matches SIP-approved Rule 02D .2611,
Sulfur Dioxide Testing Methods, which
requires combustion sources that
demonstrate compliance with the SO2
standard through stack sampling to use
the procedures of Method 6 or Method
6C. The October 9, 2020, submittal also
2 See, for 40 CFR part 75, 60 FR 26510 (May 17,
1995), and for 40 CFR part 60, 72 FR 32710 (June
13, 2007).
E:\FR\FM\24AUP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Proposed Rules]
[Pages 51933-51941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18168]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0167; FRL-10150-01-R4]
Air Plan Approval; Kentucky; Boyd and Christian County Limited
Maintenance Plans for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
Commonwealth of Kentucky, through the Energy and Environment Cabinet
(Cabinet), on March 29, 2021. The SIP revisions include the 1997 8-hour
ozone National Ambient Air Quality Standards (NAAQS or standards)
Limited Maintenance Plans (LMPs) for the Kentucky portion (hereinafter
referred to as the Boyd County Area) of the Huntington-Ashland, WV-KY
1997 8-hour ozone maintenance area (hereinafter referred to as the
Huntington-Ashland, WV-KY Area) and the Kentucky portion (hereinafter
referred to as the Christian County Area) of the Clarksville-
Hopkinsville, TN-KY 1997 8-hour ozone maintenance area (hereinafter
referred to as the Clarksville-Hopkinsville, TN-KY Area). EPA is
proposing to approve Kentucky's LMPs for the Boyd County and Christian
County Areas because they provide for the maintenance of the 1997 8-
hour ozone NAAQS within the Huntington-Ashland, WV-KY Area and the
Clarksville-Hopkinsville, TN-KY Area, respectively. The effect of these
actions would be to make certain commitments related to maintenance of
the 1997 8-hour ozone NAAQS in the Boyd County and Christian County
Areas federally enforceable as part of the Kentucky SIP.
DATES: Comments must be received on or before September 14, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0167 at 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
[[Page 51934]]
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://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of EPA's Proposed Action
II. Background
III. Kentucky's SIP Submittals
IV. EPA's Evaluation of Kentucky's SIP Submittals
A. Attainment Emissions Inventory
B. Maintenance Demonstration
C. Monitoring Network and Verification of Continued Attainment
D. Contingency Plan
E. Conclusion
V. Transportation Conformity
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
In accordance with the Clean Air Act (CAA or Act), EPA is proposing
to approve the Boyd County and Christian County Areas' LMPs for the
1997 8-hour ozone NAAQS, adopted by the Cabinet on March 29, 2021, and
submitted by the Cabinet as revisions to the Kentucky SIP on March 29,
2021. On April 30, 2004, the Huntington-Ashland, WV-KY Area, which
includes the Boyd County Area, was designated as nonattainment for the
1997 8-hour ozone standard. Subsequently, on September 29, 2006, the
Cabinet submitted a redesignation request and the first 10-year
maintenance plan for the Boyd County Area. In 2007, after having clean
data and EPA's approval of a maintenance plan, the Boyd County Area was
redesignated to attainment for the 1997 8-hour ozone NAAQS. See 72 FR
43172 (August 3, 2007).
Additionally, on April 30, 2004, the Clarksville-Hopkinsville, TN-
KY Area, which includes the Christian County Area, was designated as
nonattainment for the 1997 8-hour ozone standard. Subsequently, on May
20, 2005, the Cabinet submitted a redesignation request and the first
10-year maintenance plan for the Christian County Area. In 2006, after
having clean data and EPA's approval of a maintenance plan, the Area
was redesignated to attainment for the 1997 8-hour ozone NAAQS. See 71
FR 4047 (January 25, 2006).
The Boyd County and Christian County Areas' LMPs for the 1997 8-
hour ozone NAAQS, submitted by the Cabinet on March 29, 2021, are
designed to maintain the 1997 8-hour ozone NAAQS within the Boyd County
and Christian County Areas through the end of the second 10-year
portion of the maintenance period beyond redesignation. EPA is
proposing to approve the plans because they meet all applicable
requirements under CAA sections 110 and 175A. As a general matter, the
Boyd County and Christian County Areas' LMPs rely on the same control
measures and contingency provisions to maintain the 1997 8-hour ozone
NAAQS during the second 10-year portion of the maintenance periods as
the maintenance plans submitted by the Cabinet for the first 10-year
periods.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
health effects occur following exposure to ozone, particularly in
children and in adults with lung disease. Breathing air containing
ozone can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma and other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections; increased medication use,
doctor visits, and emergency department visits; and increased hospital
admissions for individuals with lung disease. Children are at increased
risk from exposure to ozone because their lungs are still developing
and they are more likely to be active outdoors, which increases their
exposure.\1\
---------------------------------------------------------------------------
\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938
(January 19, 2010).
---------------------------------------------------------------------------
In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18,
1997, EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour ozone NAAQS would be more
protective of human health, especially for children and adults who are
active outdoors, and for individuals with a pre-existing respiratory
disease, such as asthma.
---------------------------------------------------------------------------
\2\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed another review of the
primary and secondary ozone NAAQS and tightened them by lowering the
level for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
---------------------------------------------------------------------------
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Huntington-
Ashland, WV-KY Area, which consists of Boyd County in Kentucky and
Cabell County and Wayne County in West Virginia, and the Clarksville-
Hopkinsville, TN-KY Area, which consists of Christian County in
Kentucky and Montgomery County in Tennessee, as nonattainment for the
1997 8-hour ozone NAAQS. Those designations became effective on June
15, 2004. See 69 FR 23858 (April 30, 2004).
Similarly, on May 21, 2012, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2008 8-hour ozone NAAQS. EPA
designated the Boyd County and Christian County Areas as
unclassifiable/attainment for the 2008 8-hour ozone NAAQS. These
designations became effective on July 20, 2012. See 77 FR 30088. On
November 16, 2017, areas were designated for the 2015 8-hour ozone 2015
8-hour ozone NAAQS. The Boyd County and Christian County Areas were
again designated attainment/unclassifiable for the 2015 8-hour ozone
NAAQS, with an effective date of January 16, 2018, for both areas. See
82 FR 54232 (November 16, 2017).
A state may submit a request that EPA redesignate a nonattainment
area that is attaining a NAAQS to attainment, and, if the area has met
the criteria described in section 107(d)(3)(E) of the CAA, EPA
[[Page 51935]]
may approve the redesignation request.\3\ One of the criteria for
redesignation is for the area to have an approved maintenance plan
under CAA section 175A. The maintenance plan must demonstrate that the
area will continue to maintain the NAAQS for the period extending ten
years after redesignation, and it must contain such additional measures
as necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
---------------------------------------------------------------------------
\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing
maintenance plans. The Calcagni memo \4\ provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that projected future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni memo at page 9. EPA clarified
in three subsequent guidance memos that certain areas can meet the CAA
section 175A requirement to provide for maintenance by showing that
they are unlikely to violate the NAAQS in the future, using information
such as the area design values \5\ when the design values are well
below the standard and have been historically stable.\6\ EPA refers to
a maintenance plan containing this streamlined demonstration as an LMP.
---------------------------------------------------------------------------
\4\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards (OAQPS),
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' September 4, 1992 (Calcagni memo).
\5\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas,'' from Sally L. Shaver, OAQPS, November
16, 1994; ``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,'' from Joseph Paisie, OAQPS, October 6, 1995;
and ``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas,'' from Lydia Wegman, OAQPS, August 9, 2001.
Copies of these guidance memoranda can be found in the docket for
this proposed rulemaking.
---------------------------------------------------------------------------
EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for an LMP and have approved LMPs
have rarely, if ever, experienced subsequent violations of the NAAQS.
As noted in the LMP guidance memoranda, states seeking an LMP must
still submit the other maintenance plan elements outlined in the
Calcagni memo, including an attainment emissions inventory, provisions
for the continued operation of the ambient air quality monitoring
network, verification of continued attainment, and a contingency plan
in the event of a future violation of the NAAQS. Moreover, a state
seeking an LMP must still submit its section 175A maintenance plan as a
revision to its SIP, with all attendant notice and comment procedures.
While the LMP guidance memoranda were originally written with respect
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section
175A to other NAAQS and pollutants not specifically covered by the
previous guidance memos.\8\
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\7\ The prior memos addressed: unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\8\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the
second ten-year LMP for the Grant County 1971 SO2
maintenance area).
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In this case, EPA is proposing to approve Kentucky's LMPs because
the Commonwealth has made a showing, consistent with EPA's prior LMP
guidance, that ozone concentrations in the Huntington-Ashland, WV-KY
and Clarksville-Hopkinsville, TN-KY Areas are well below the 1997 8-
hour ozone NAAQS and have been historically stable and that the
Commonwealth has met the other maintenance plan requirements. The
Cabinet submitted the LMPs for the Boyd County and Christian County
Areas to fulfill the CAA's second maintenance plan requirement. EPA's
evaluation of the Boyd County and Christian County Areas' LMPs is
presented in section IV of this document, below.
On May 20, 2005, and September 29, 2006, the Cabinet submitted
requests to EPA to redesignate the Christian County and Boyd County
Areas, respectively, to attainment for the 1997 8-hour ozone NAAQS.
Those submittals included plans, for inclusion in the Kentucky SIP, to
provide for maintenance of the 1997 8-hour ozone NAAQS in the
Clarksville-Hopkinsville, TN-KY Area through 2016 and in the
Huntington-Ashland, WV-TN Area through 2018. EPA approved the Boyd
County and the Christian County Areas' Maintenance Plans and the
Commonwealth's requests to redesignate these Areas to attainment for
the 1997 8-hour ozone NAAQS, effective September 4, 2007, and February
24, 2006, respectively. See 72 FR 43172 (August 3, 2007) and 71 FR 4047
(January 25, 2006), respectively. Kentucky's March 29, 2021, submittal
contains the second 10-year maintenance plans for the 20-year
maintenance period of the 1997 8-hour ozone NAAQS to ensure continued
maintenance for the Clarksville-Hopkinsville, TN-KY and Huntington-
Ashland, WV-TN Areas.
Section 175A(b) of the CAA requires states to submit a revision to
the first maintenance plan eight years after redesignation to provide
for maintenance of the NAAQS for ten additional years following the end
of the first 10-year period. However, EPA's final implementation rule
for the 2008 8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and
stated that one consequence of revocation was that areas that had been
redesignated to attainment (i.e., maintenance areas) for the 1997 NAAQS
no longer needed to submit second 10-year maintenance plans under CAA
section 175A(b). See 80 FR 12264, 12315 (March 6, 2015).
In South Coast Air Quality Management District v. EPA, the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) vacated EPA's interpretation that, because of the revocation
of the 1997 8-hour ozone NAAQS, second maintenance plans were not
required for ``orphan maintenance areas,'' i.e., areas that had been
redesignated to attainment for the 1997 8-hour ozone NAAQS maintenance
areas and were designated attainment for the 2008 ozone NAAQS. South
Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan
maintenance areas'' under the 1997 8-hour ozone NAAQS must submit
maintenance plans for the second maintenance period. Accordingly, on
March 29, 2021, Kentucky submitted second maintenance plans for the
Boyd County and Christian County Areas that show that the Areas are
expected to remain in attainment of the 1997 8-hour ozone
[[Page 51936]]
NAAQS through 2027 and 2026, respectively.
In recognition of the continuing record of air quality monitoring
data showing ambient 8-hour ozone concentrations in the Huntington-
Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY Areas well below the
1997 8-hour ozone NAAQS, the Cabinet chose the LMP option for the
development of second 1997 8-hour ozone NAAQS maintenance plans. On
March 29, 2021, the Cabinet adopted the second 10-year 1997 8-hour
ozone maintenance plans and also submitted the Boyd County and the
Christian County Areas' LMPs to EPA as revisions to the Kentucky SIP.
III. Kentucky's SIP Submittals
As mentioned above, on March 29, 2021, the Cabinet submitted the
Boyd County and Christian County Areas' LMPs to EPA as revisions to the
Kentucky SIP. The submittals include the LMPs, air quality data,
emissions inventory information, and appendices. Appendices to the
plans include comments and responses between EPA and the Cabinet;
documentation of notice, hearing, and public participation prior to
adoption of the plans by the Cabinet on March 29, 2021; and a Cabinet
order, which notes that Kentucky's LMP submittals for the remainder of
the 20-year maintenance period for the Boyd County and the Christian
County Areas are in response to the D.C. Circuit's decision overturning
aspects of EPA's implementation rule for the 2008 8-hour ozone NAAQS
(South Coast, 882 F.3d 1138 (D.C. Cir. 2018)).
The Boyd County and Christian County Areas' LMPs do not include any
additional emissions reduction measures but rely on the same emission
reduction strategy as the first 10-year maintenance plans that provide
for maintenance of the 1997 ozone NAAQS through 2018 and 2016,
respectively. Prevention of significant deterioration (PSD)
requirements and control measures contained in the SIP will continue to
apply, and Federal measures (e.g., Federal motor vehicle control
programs) will continue to be implemented in the Boyd County and
Christian County Areas.
IV. EPA's Evaluation of Kentucky's SIP Submittals
EPA has reviewed the Boyd County and Christian County Areas' LMPs,
which are designed to maintain the 1997 8-hour ozone NAAQS within these
Areas through the end of the 20-year period beyond redesignation, as
required under CAA section 175A(b). The following is a summary of EPA's
interpretation of the section 175A requirements \9\ and EPA's
evaluation of how each requirement is met for the Boyd County and
Christian County Areas.
---------------------------------------------------------------------------
\9\ See Calcagni memo.
---------------------------------------------------------------------------
A. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOC and
NOX, as these pollutants are precursors to ozone formation.
1. Attainment Emissions Inventory--Boyd County Area
The Boyd County Area LMP includes an ozone attainment inventory for
Boyd County that reflects typical summer day emissions in 2014. Table 1
presents a summary of the inventory for 2014 contained in the LMP.\10\
---------------------------------------------------------------------------
\10\ In response to a comment from EPA regarding discrepancies
between the emissions data in Kentucky's prehearing SIP submittal
and the emissions data in version 2 of the 2014 National Emissions
Inventory (NEI), Kentucky explained in its March 29, 2021, submittal
that it had initially used the NEI 2014 version 1 data but agreed
that updating to 2014 version 2 data would be appropriate. However,
the final submittal still contains a discrepancy in the onroad VOC
emissions data. Therefore, in Table 1 of this document, EPA has
presented the value that was calculated using the 2014 NEI version 2
emissions data.
Table 1--2014 Typical Summer Day \11\ VOC and NOX Emissions for the Boyd
County Area
[Tons/day]
------------------------------------------------------------------------
NOX emissions
Source category VOC emissions
------------------------------------------------------------------------
Nonpoint............................ 13.08 1.29
Nonroad............................. 0.24 0.29
Onroad.............................. 1.43 2.81
Point............................... 2.32 7.61
-----------------------------------
Total........................... 17.07 12.00
------------------------------------------------------------------------
The LMP guidance indicates that an attainment emissions inventory
should be developed in order to identify emission levels in the area
and provide the area with a basis to maintain the NAAQS. The inventory
should consist of the ozone precursors (NOX and VOC) and
their emissions from a typical summer day measured in tons per day
(tpd). The emissions data are based on the 2014v2 National Emissions
Inventory (NEI) platform for point sources, nonpoint sources, onroad,
and nonroad mobile sources. For Boyd County, point sources make up the
majority of contributions of NOX, at 7.61 tpd. Nonpoint
sources make up the majority of VOC contributions at 13.08 tpd. Based
on our review of the methods, models, and assumptions used by Kentucky
to develop the VOC and NOX estimates, EPA proposes to find
that the Boyd County Area's LMP includes a comprehensive, reasonably
accurate inventory of actual ozone precursor emissions in attainment
year 2014 and proposes to conclude that the plan's inventories are
acceptable for the purposes of a subsequent maintenance plan under CAA
section 175A(b).
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\11\ The following formula was used to determine the typical
summer day emissions for each sector: (Annual emissions) x (25
percent annual throughput June-Aug)/92 = typical summer day
emissions. This formula represents the tons per summer day by taking
the annual emissions of NOX and VOC from each source
sector, multiplying it by 0.25 (which represents June, July, and
August, the summer quarter of the calendar year), and then dividing
it by 92 (which accounts for each summer day). Data from the 2014v2
NEI were used for the annual emissions part of the equation.
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2. Attainment Emissions Inventory--Christian County Area
The Christian County Area LMP includes an ozone attainment
inventory for Christian County that reflects typical summer day
emissions in 2014. Table 2 presents a summary of the inventory for 2014
contained in the LMP.
[[Page 51937]]
Table 2--2014 Typical Summer Day \12\ VOC and NOX Emissions for the
Christian County Area
[Tons/day]
------------------------------------------------------------------------
NOX emissions
Source category VOC emissions
------------------------------------------------------------------------
Nonpoint............................ 27.04 2.44
Nonroad............................. 0.38 1.08
Onroad.............................. 1.99 5.75
Point............................... 1.07 0.32
-----------------------------------
Total........................... 30.48 9.59
------------------------------------------------------------------------
As with Boyd County, the emissions data are based on the 2014v2 NEI
platform for point sources, nonpoint sources, onroad, and nonroad
mobile sources. For Christian County, onroad mobile sources make up the
majority of contributions of NOX, at 5.75 tpd. Nonpoint
sources make up the majority of contributions of VOC, at 27.04 tpd.
Based on our review of the methods, models, and assumptions used by
Kentucky to develop the VOC and NOX estimates, EPA proposes
to find that the Christian County Area's LMP includes a comprehensive,
reasonably accurate inventory of actual ozone precursor emissions in
attainment year 2014 and proposes to conclude that the plan's
inventories are acceptable for the purposes of a subsequent maintenance
plan under CAA section 175A(b).
---------------------------------------------------------------------------
\12\ See footnote 11.
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B. Maintenance Demonstration
1. Boyd County Area--Maintenance Demonstration for Huntington-Ashland,
WV-KY Area
The maintenance demonstration requirement is considered to be
satisfied in an LMP if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the NAAQS, that past air quality trends have been shown to be
stable, and that the probability of the area experiencing a violation
over the second 10-year maintenance period is low.\13\ These criteria
are evaluated below with regard to the Boyd County Area.
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\13\ See footnote 6.
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a. Evaluation of Ozone Concentrations in Huntington-Ashland, WV-KY Area
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the 1997 8-hour ozone NAAQS is attained if the design value is 0.084
ppm or below.
There are currently two ozone monitors in the Huntington-Ashland,
WV-KY Maintenance Area, one in Boyd County, Kentucky, and one in Cabell
County, West Virginia (which was relocated to a new location in 2019).
Based on quality assured and certified monitoring data for 2019-2021,
the current design value for the Huntington-Ashland, WV-KY is 0.059
ppm, or 70 percent of the level of the 1997 8-hour ozone NAAQS.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85 percent of the NAAQS, or in this case, below
0.071 ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Such a demonstration assumes continued
applicability of prevention of significant deterioration requirements
and any control measures already in the SIP and that Federal measures
will remain in place through the end of the second 10-year maintenance
period, absent a showing, consistent with CAA section 110(l), that such
measures are not necessary to assure maintenance.
Table 3 presents the design values (in ppm) for each monitor in the
Huntington-Ashland, WV-KY Maintenance Area over the 2006-2021 period.
As shown, the AQS monitors in the area--Ashland Primary-(FIVCO) Monitor
(AQS ID 21-019-0017) and Huntington Monitors (AQS ID 54-011-0006 and
AQS 54-011-0007) \14\--have been well below the level of the 1997 8-
hour ozone NAAQS over the entire first 10-year maintenance period since
the Area was redesignated to attainment, and the most recent design
value is below the level of 85 percent of the NAAQS, consistent with
prior LMP guidance.
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\14\ The Huntington, WV monitor in Cabell County was relocated,
as explained in the note to Table 3 of this document.
\15\ See EPA Air Quality Design Values at https://www.epa.gov/air-trends/air-quality-design-values.
Table 3--1997 8-Hour Ozone NAAQS Design Values \15\ (ppm) for Monitors in Huntington Ashland, WV-KY Area for the 2006-2021 Time Period
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2006- 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019-
County AQS site ID 2008 2009 2010 2011 2012 2013 2014 2015 2016 2016 2018 2019 2020 2021
DV DV DV DV DV DV DV DV DV DV DV DV DV DV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd, KY........................................................ 21-019-0017 0.074 0.070 0.070 0.069 0.072 0.069 0.068 0.066 0.066 0.065 0.064 0.062 0.061 0.059
Cabell, WV...................................................... 54-011-0006 0.080 0.073 0.066 0.067 0.072 0.069 0.065 0.062 0.064 0.064 0.064 (*) (*) ......
Cabell, WV...................................................... 54-011-0007 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... (*) (*) 0.059
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* The Cabell County, West Virginia, monitor (AQS Site ID 54-011-0006) was relocated to a new site (AQS ID 54-011-0007) before the ozone monitoring season in 2019. As a result, neither site
collected a complete three-year design value during 2017-2019 and 2018-2020.
Therefore, the Boyd County Area is eligible for the LMP option, and
EPA proposes to find that the long record of monitored ozone
concentrations that attain the NAAQS, together with the continuation of
existing VOC and NOX emissions control programs, adequately
provide for the maintenance of the 1997 8-hour ozone NAAQS in the Area
through the second 10-year maintenance period and beyond.
Additional supporting information that the Area is expected to
continue to maintain the NAAQS can be found in
[[Page 51938]]
projections of future year design values that EPA recently completed to
assist states with development of interstate transport SIPs for the
2015 ozone NAAQS.\16\ Those projections, made for the year 2023, show
that the highest design value in the Area is projected to be 0.058 ppm.
EPA is not proposing to make any finding in this rulemaking regarding
interstate transport obligations for any state.
---------------------------------------------------------------------------
\16\ See the spreadsheet titled ``Ozone Monitoring Site Design
Values for 2008 through 2017 and for 2023'' at https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
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b. Stability of Ozone Levels in Huntington-Ashland, WV-KY Area
As discussed above, the Huntington-Ashland, WV-KY Area has
maintained air quality well below the 1997 8-hour ozone NAAQS over the
past fourteen years. Additionally, the design value data shown within
Table 3 of this document, illustrates that ozone levels have been
relatively stable over this timeframe, with an overall downward trend.
For example, the data within Table 3 of this document indicates that
the largest year-over-year change in design value at any one monitor
during fourteen years was seven parts per billion (ppb), which occurred
between the 2006-2008 and between the 2007-2009 and 2008-2010 design
values. Furthermore, the overall ozone concentrations for the Area
decreased by 15 ppb between the 2007-2009 and 2019-2021 design values
at the Ashland Primary-Monitor (AQS ID 21-019-0017). This downward
trend in ozone levels, coupled with the relatively small, year-over-
year variation in ozone design values, makes it reasonable to conclude
that Huntington-Ashland, WV-KY Area will not exceed the 1997 8-hour
ozone NAAQS during the second 10-year maintenance period.
2. Christian County Area--Maintenance Demonstration for Clarksville-
Hopkinsville, TN-KY Area
As stated above, the maintenance demonstration requirement is
considered to be satisfied in an LMP if the state can provide
sufficient weight of evidence indicating that air quality in the area
is well below the level of the NAAQS, that past air quality trends have
been shown to be stable, and that the probability of the area
experiencing a violation over the second 10-year maintenance period is
low. These criteria are evaluated below with regard to the Christian
County Area.
a. Evaluation of Ozone Air Quality Levels in Clarksville-Hopkinsville,
TN-KY Area
To attain the 1997 8-hour ozone NAAQS, the three-year average of
the fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the NAAQS is attained if the design value is 0.084 ppm or below.
There is currently one ozone monitor in the Clarksville-Hopkinsville,
TN-KY Maintenance Area, in Christian County, Kentucky.
Based on quality assured and certified monitoring data for 2019-
2021, the current design value for the Clarksville-Hopkinsville, TN-KY
Area is 0.058 ppm, or 69 percent of the level of the 1997 8-hour ozone
NAAQS. Consistent with prior guidance, EPA believes that if the most
recent air quality design value for the area is at a level that is well
below the NAAQS (e.g., below 85 percent of the NAAQS, or in this case,
below 0.071 ppm), then EPA considers the state to have met the section
175A requirement for a demonstration that the area will maintain the
NAAQS for the requisite period. Such a demonstration assumes continued
applicability of prevention of significant deterioration requirements
and any control measures already in the SIP and that Federal measures
will remain in place through the end of the second 10-year maintenance
period, absent a showing consistent with section 110(l) that such
measures are not necessary to assure maintenance.
Table 4 presents the design values (in ppm) for the Christian
County, Kentucky, monitor for the three-year periods 2006-2008 through
2019-2021. As shown in Table 4, the Clarksville-Hopkinsville, TN-KY
Area has been well below the level of the 1997 8-hour ozone NAAQS over
the entire first 10-year maintenance period since the Area was
redesignated to attainment, and the most current design value is below
the level of 85 percent of the NAAQS, consistent with prior LMP
guidance.
Table 4--1997 8-Hour Ozone NAAQS Design Values (ppm) at the Monitoring Site in the Clarksville-Hopkinsville, TN-KY Area for the 2006-2021 Time Period
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2006- 2007- 2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019-
County AQS site ID 2008 2009 2010 2011 2012 2013 2014 2015 2016 2016 2018 2019 2020 2021
DV DV DV DV DV DV DV DV DV DV DV DV DV DV
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Christian....................................................... 21-047-0006 0.078 0.074 0.069 0.070 0.073 0.069 0.067 0.063 0.062 0.061 0.060 0.058 0.058 0.058
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Therefore, the Christian County Area is eligible for the LMP
option, and EPA proposes to find that the long record of monitored
ozone concentrations that attain the NAAQS, together with the
continuation of existing VOC and NOX emissions control
programs, adequately provide for the maintenance of the 1997 8-hour
ozone NAAQS in the Clarksville-Hopkinsville, TN-KY Area through the
second 10-year maintenance period and beyond.
Additional supporting information that the Clarksville-
Hopkinsville, TN-KY Area is expected to continue to maintain the NAAQS
can be found in projections of future year design values that EPA
recently completed to assist states with development of interstate
transport SIPs for the 2015 ozone NAAQS.\17\ Those projections, made
for the year 2023, show that the highest design value in the Area is
expected to be 0.056 ppm.
---------------------------------------------------------------------------
\17\ See the spreadsheet titled ``Ozone Monitoring Site Design
Values for 2008 through 2017 and for 2023'' at https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
---------------------------------------------------------------------------
b. Stability of Ozone Levels in Clarksville-Hopkinsville Area
As discussed above, the Clarksville-Hopkinsville, TN-KY Area has
maintained air quality well below the 1997 8-hour ozone NAAQS over the
past fourteen years. Additionally, the design value data shown within
Table 4 of this document, illustrates that ozone levels have been
relatively stable over this timeframe, with an overall downward trend.
For example, the data within Table 4 of this document, indicates that
the largest year-over-year change in design value at any one monitor
during these fourteen years was five ppb which occurred between the
2007-2009 design value and the 2008-2010 design value, and it
represented only a six percent change. Furthermore, the overall ozone
concentrations for the
[[Page 51939]]
Clarksville-Hopkinsville, TN-KY Area decreased by 20 ppb between the
2007-2009 and 2019-2021 design values at the Hopkinsville, Kentucky,
monitor (AQS ID 21-047-0006). This downward trend in ozone levels,
coupled with the relatively small, year-over-year variation in ozone
design values, makes it reasonable to conclude that the Clarksville-
Hopkinsville, TN-KY Area will not exceed the 1997 8-hour ozone NAAQS
during the second 10-year maintenance period.
C. Monitoring Network and Verification of Continued Attainment
EPA annually reviews the ozone monitoring network that the Cabinet
operates and maintains in accordance with 40 CFR part 58. This network
is described in the ambient air monitoring network plan that is
developed by the Cabinet and submitted to EPA annually, following a
public notification and comment process. EPA has reviewed and approved
Kentucky's 2021 Ambient Air Monitoring Network Plan (2021 Annual
Network Plan).\18\
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\18\ See Letter from Caroline Y. Freeman, Director, Air and
Radiation Division, US EPA Region 4, to Melissa K. Duff, Director,
Kentucky Division for Air Quality (October 27, 2021) (approving the
2021 Kentucky Ambient Air Monitoring Network Plan) (included in
docket for this proposed rulemaking).
---------------------------------------------------------------------------
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, the Cabinet's
monitoring networks in the Boyd County and Christian County Areas have
been approved by the EPA in accordance with 40 CFR part 58, and the
Cabinet has committed to continue to maintain a network in accordance
with the EPA requirements. For further details on monitoring, the
reader is referred to the 2021 Kentucky Annual Network Plan \19\ as
well as EPA's approval letter for the 2021 Annual Network Plan, which
can be found in the docket for this proposed action. EPA proposes to
find that the Cabinet's monitoring network is adequate to verify
continued attainment of the 1997 ozone NAAQS in the Huntington-Ashland,
WV-KY and Clarksville-Hopkinsville, TN-KY Areas.
---------------------------------------------------------------------------
\19\ 2021 Kentucky Annual Ambient Air Monitoring Network Plan.
Commonwealth of Kentucky Energy and Environment Cabinet, Department
for Environmental Protection, Division for Air Quality (June 29,
2021). Available online at: https://eec.ky.gov/Environmental-Protection/Air/Air-Monitoring/Pages/default.aspx.
---------------------------------------------------------------------------
D. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or to promptly remedy any
NAAQS violations that might occur during the maintenance period. The
state should identify specific triggers which will be used to determine
when the contingency measures need to be implemented.
For the Boyd County and Christian County Areas, if a monitored
violation of the 8-hour ozone design value occurs in any portion the
Huntington-Ashland, WV-KY Area or Clarksville-Hopkinsville, TN-KY Area,
respectively, or if periodic emission inventory updates reveal
excessive or unanticipated growth in ozone precursor emissions, the
contingency plans in Kentucky's LMPs require the Commonwealth to
evaluate existing control measures to see if any further emission
reduction measures should be implemented. In the event of a monitored
violation of the 1997 ozone NAAQS in the Huntington-Ashland, WV-KY Area
or the Clarksville-Hopkinsville, TN-KY Area, Kentucky commits to adopt,
within a period of nine months, one or more of several potential
contingency measures listed in the plan to re-attain the standard.
After the triggering monitored violation, all of the selected
regulatory programs will be implemented within 18 months.
The plans also provide that the Cabinet will complete any necessary
analyses to submit to EPA and that contingency measures will be adopted
and implemented as quickly as possible but no later than eighteen
months after the triggering event. Should the affected area return to
attainment prior to the implementation of the contingency measure(s),
those measures may not be implemented. In addition, the plans provide
that Cabinet reserves the right to 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(s) not listed, the Cabinet will solicit input from
all interested and affected parties in the area. No contingency measure
will be implemented without notification to EPA and approval granted by
EPA.
EPA proposes to find that the contingency provisions in Kentucky's
second maintenance plans for both the Boyd County and Christian County
Areas for the 1997 8-hour Ozone NAAQS meet the requirements of the CAA
section 175A(d).
E. Conclusion
EPA proposes to find that the Boyd County and Christian County
Areas' LMPs for the 1997 8-hour ozone NAAQS include an approvable
update of the various elements (including attainment inventory,
assurance of adequate monitoring and verification of continued
attainment, and contingency provisions) of the initial EPA-approved
Maintenance Plan for the 1997 8-hour ozone NAAQS. EPA also proposes to
find that the Boyd County and Christian County Areas qualify for the
LMP option and adequately demonstrate maintenance of the 1997 8-hour
ozone NAAQS through the documentation of monitoring data showing
maximum 1997 8-hour ozone levels well below the NAAQS and historically
stable design values.
EPA also believes the Boyd County and Christian County Areas' LMPs,
which retain all existing control measures in the SIP, are sufficient
to provide for maintenance of the 1997 8-hour ozone NAAQS in the
Huntington-Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY Areas,
respectively, over the second maintenance period (i.e., through 2027
and 2026, respectively) and thereby satisfy the requirements for such a
plan under CAA section 175A(b). EPA is therefore proposing to approve
Kentucky's March 29, 2021, submission of the Boyd County and Christian
County Areas' LMPs as revisions to the Kentucky SIP.
V. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B).
EPA's transportation conformity rule at 40 CFR part 93, subpart A,
requires that transportation plans, programs, and projects conform to
SIPs and establishes the criteria and procedures for determining
whether they conform. The conformity rule generally requires a
demonstration that emissions from the Regional Transportation Plan
(RTP) and the Transportation Improvement Program (TIP) are consistent
with the motor vehicle emissions budget (MVEB) contained in the control
strategy SIP revision or maintenance plan. See 40 CFR 93.101, 93.118,
and 93.124. A MVEB is defined as ``the portion of the total allowable
emissions defined in the
[[Page 51940]]
submitted or approved control strategy implementation plan revision or
maintenance plan for a certain date for the purpose of meeting
reasonable further progress milestones or demonstrating attainment or
maintenance of the NAAQS, for any criteria pollutant or its precursors,
allocated to highway and transit vehicle use and emissions.'' See 40
CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emissions analysis. See 40 CFR 93.109(e). EPA made
findings that the MVEBs in the first 10-years of the 1997 8-hour zone
maintenance plan for the Boyd County and Christian County Areas were
adequate for transportation conformity purposes. In a Federal Register
notice published on August 3, 2007, EPA notified the public of the
adequacy finding for the Boyd County Area through final rulemaking; the
adequacy determination for the Boyd County Area became effective on
September 4, 2007. See 72 FR 43172. In a Federal Register notice
published on January 25, 2006, EPA notified the public of the adequacy
finding for the Christian County Area through a final rule; the
adequacy determination for the Christian County Area became effective
on February 24, 2006. See 71 FR 4047.
After approval of or an adequacy finding for each of these LMPs,
there is no requirement to meet the budget test pursuant to the
transportation conformity rule for the respective maintenance area. All
actions that would require a transportation conformity determination
for the Boyd County and Christian County Areas under EPA's
transportation conformity rule provisions are considered to have
already satisfied the regional emissions analysis and ``budget test''
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for
the LMP. See 69 FR 40004 (July 1, 2004).
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs, and projects.
Specifically, for such determinations, RTPs, TIPs and transportation
projects still will have to demonstrate that they are fiscally
constrained (40 CFR 93.108) and meet the criteria for consultation (40
CFR 93.105) and Transportation Control Measure implementation in the
conformity rule provisions (40 CFR 93.113) as well as meet the hot-spot
requirements for projects (40 CFR 93.116).\20\ Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP. See 40 CFR 93.114 and 40 CFR 93.115.
---------------------------------------------------------------------------
\20\ A conformity determination that meets other applicable
criteria in Table 1 of paragraph (b) of this section (93.109(e)) is
still required, including the hot-spot requirements for projects in
CO, PM10, and fine particulate matter (PM2.5)
areas.
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VI. Proposed Actions
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the Boyd County and Christian
County Areas' LMPs for the 1997 8-hour ozone NAAQS, submitted by the
Cabinet on March 29, 2021, as revisions to the Kentucky SIP. EPA is
proposing to approve the Boyd County and Christian County Areas' LMPs
because they include an acceptable update of the various elements of
the 1997 8-hour ozone NAAQS Maintenance Plan approved by EPA for the
first 10-year period (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and essentially carry forward all of the
control measures and contingency provisions relied upon in the earlier
plans.
EPA also finds that the Boyd County and Christian County Areas
qualify for the LMP option and that, therefore, the Boyd County and
Christian County Areas' LMPs adequately demonstrate maintenance of the
1997 8-hour ozone NAAQS through documentation of monitoring data
showing maximum 1997 8-hour ozone levels well below the NAAQS and
continuation of existing control measures. EPA believes that the Boyd
County and Christian County Areas' 1997 8-Hour ozone LMPs are
sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in
the Huntington-Ashland, WV-KY and Clarksville-Hopkinsville, TN-KY
Areas, respectively, over the second 10-year maintenance period,
through 2027 and 2026, respectively, and thereby satisfy the
requirements for such a plan under CAA section 175A(b).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 they meet the criteria of the CAA. These actions merely
propose to approve state law as meeting Federal requirements and do not
impose additional requirements beyond those imposed by state law. For
that 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 proposed
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations,
[[Page 51941]]
Nitrogen oxides, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-18168 Filed 8-23-22; 8:45 am]
BILLING CODE 6560-50-P
