[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Proposed Rules]
[Pages 3183-3187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-971]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-1186; FRL-9104-6]
Approval and Promulgation of Air Quality Implementation Plan:
Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-
Hour Ozone Standard for the Owensboro Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the Kentucky State
Implementation Plan (SIP) concerning the maintenance plan addressing
the 1997 8-hour ozone standard for the Owensboro 8-hour ozone
attainment area, which comprises Daviess County and a portion of
Hancock County (hereafter referred to as the ``Owensboro Area''). This
maintenance plan was submitted to EPA on May 27, 2008, by the
Commonwealth of Kentucky, and ensures the continued attainment of the
1997 8-hour ozone national ambient air quality standard (NAAQS) through
the year 2020. On July 15, 2009, the Commonwealth of Kentucky submitted
supplemental information with updated emissions tables to reflect
actual emissions for this Area. EPA proposes to find that this plan
meets the statutory and regulatory requirements, and is consistent with
EPA's guidance. EPA is proposing to approve the revisions to the
Kentucky SIP, pursuant to Section 110 of the Clean Air Act (CAA). On
March 12, 2008, EPA issued a revised ozone standard. The current
action, however, is being taken to address requirements under the 1997
ozone standard. Requirements for the Owensboro Area under the 2008
standard will be addressed in the future.
DATES: Comments must be received on or before February 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-1186, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: 404-562-9019.
4. Mail: EPA-R04-OAR-2007-1186, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-1186. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information
[[Page 3184]]
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
through http://www.regulations.gov or e-mail, information that you
consider to be CBI or otherwise protected. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9152. Mr. Farngalo can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the Commonwealth's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
In accordance with the CAA, the Owensboro Area, consisting of
Daviess County and a portion of Hancock County in Kentucky, was
designated as marginal nonattainment for the 1-hour ozone NAAQS
effective November 6, 1991 (56 FR 56694) because the Area did not meet
the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of
Kentucky submitted a request to redesignate the Owensboro Area to
attainment for the 1-hour ozone standard. At the same time as the
redesignation request, Kentucky submitted the required ozone monitoring
data and maintenance plan to ensure that the Owensboro Area would
remain in attainment for the 1-hour ozone standard for a period of 10
years, consistent with the CAA section 175A. The maintenance plan
submitted by Kentucky followed EPA guidance for limited maintenance
areas, which applied to 1-hour ozone standard areas with design values
lower than 85 percent of the applicable standard (0.12 parts per
million (ppm)). On February 7, 1995, EPA approved Kentucky's request to
redesignate the Owensboro Area (60 FR 7124) to attainment for the 1-
hour ozone standard.
On April 30, 2004, EPA designated areas for the 1997 8-hour ozone
NAAQS (69 FR 23858), and published the final Phase I Implementation
Rule for the 1997 8-hour ozone NAAQS (69 FR 23951) (Phase I Rule).
Daviess County and a portion of Hancock County (i.e., which make up the
Owensboro Area) were designated as attainment for the 1997 8-hour ozone
standard, effective June 15, 2004. The Owensboro attainment area
consequently was required to submit a 10-year maintenance plan under
section 110(a)(1) of the CAA and the Phase I Rule, 40 CFR 51.905(a)(3)
and (4). On May 20, 2005, EPA issued guidance providing information on
how a state might fulfill the maintenance plan obligation established
by the CAA and the Phase I Rule (Memorandum from Lydia N. Wegman to Air
Division Directors, Maintenance Plan Guidance Document for Certain 8-
hour Ozone Areas Under Section 110(a)(1) of Clean Air Act, May 20,
2005--hereafter referred to as ``Wegman Memorandum''). On December 22,
2006, the United States Court of Appeals for the District of Columbia
Circuit issued an opinion that vacated portions of EPA's Phase I
Implementation Rule for the 1997 8-hour ozone standard. See South Coast
Air Quality Management District. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
The Court vacated those portions of the Rule that provided for
regulation of the 1997 8-hour ozone nonattainment areas designated
under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among
other portions. The Court's decision did not alter any requirements
under the Phase I Rule for section 110(a)(1) maintenance plans. EPA is
proposing to find that Kentucky's May 27, 2008, proposed SIP revision
satisfies the section 110(a)(1) CAA requirements for a plan that
provides for implementation, maintenance, and enforcement of the 1997
8-hour ozone NAAQS in the Owensboro Area. On March 12, 2008, EPA issued
a revised ozone standard. The current action, however, is being taken
to address requirements under the 1997 ozone standard. Requirements for
the Owensboro Area under the 2008 standard will be addressed in the
future.
II. Analysis of the Commonwealth's Submittal
On May 27, 2008, the Commonwealth of Kentucky submitted a SIP
revision containing a 1997 8-hour ozone maintenance plan for the
Owensboro Area as required by section 110(a)(1) of the CAA and the
provisions of EPA's Phase I Rule (see 40 CFR 51.905(a)(4)). The purpose
of this maintenance plan is to ensure continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area until
2020.
As required, this plan provides for continued attainment and
maintenance of the 1997 8-hour ozone NAAQS in the Owensboro Area for 10
years from the effective date of the Area's designation as attainment
for the 1997 8-hour ozone NAAQS, and includes contingency measures. A
July 15, 2009, submittal from Kentucky updated the emissions
projections for point sources for 2005 and 2008 with actual data, and
revised the point source projections for 2011, 2014, 2017 and 2020
based on more recent data. Each of the section 110(a)(1) plan
components for the Owensboro Area is discussed below.
(a) Attainment Inventory. In order to demonstrate maintenance in
the Owensboro Area, Kentucky developed comprehensive inventories of
volatile
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organic compounds (VOC) and nitrogen oxide (NOX) emissions
from area, stationary, and mobile sources using 2002 as the base year.
The year 2002 is an appropriate year for Kentucky to base attainment
level emissions, because states may select any one of the three years
on which the 1997 8-hour attainment designation was based (2001, 2002,
and 2003). The Commonwealth's submittal contains the detailed inventory
data and summaries by source category. Using the 2002 inventory (as a
base year) reflects one of the years used for calculating the air
quality design value on which the 1997 8-hour ozone designation for the
Area was based.
A further practical reason for selecting 2002 as the base year
emission inventory is that section 110(a)(2)(B) of the CAA and the
Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002)
require states to submit emissions inventories for all criteria
pollutants and their precursors every three years, on a schedule that
includes the emissions year 2002. The due date for the 2002 emissions
inventory is established in the Rule as June 2004. In accordance with
these requirements, Kentucky compiles a statewide emissions inventory
for point sources on an annual basis. On-road mobile emissions of VOC
and NOX were estimated using MOBILE6.2 motor vehicle
emissions factor computer model. Non-road mobile emissions data were
derived using the U.S. EPA's Non-Road Model.
In projecting data for the attainment year 2020 inventory, Kentucky
used several methods to project data from the base year 2002 to the
years 2005, 2008, 2011, 2014, 2017 and 2020. These actual and projected
inventories were developed using EPA-approved technologies and
methodologies. Point source and non-point source projections were
derived from the Emissions Growth Analysis System version 4.0 (EGAS
4.0). Non-road mobile projections were derived from EGAS 4.0, as well
as from the National Mobile Inventory Model.
The following tables provide VOC and NOX emissions data
for the 2002 base attainment year inventory; as well as actual VOC and
NOX emission inventory data for 2005 and 2008, and projected
VOC and NOX emission inventory data for 2011, 2014, 2017 and
2020.
Table 1. Owensboro Area\1\--VOC and NOX Emissions Inventory
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Emissions 2002 2005 2008 2011 2014 2017 2020
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Total VOC (tons per day)..................................... 18.97 14.54 14.42 14.09 13.85 13.79 13.81
Total NOX (tons per day)..................................... 44.87 36.78 31.07 30.63 30.28 30.27 30.58
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As shown in Table 1 above, the Owensboro Area total VOC and
NOX emissions are projected to decrease from the base year
of 2002 to the maintenance year of 2020, thus demonstrating continued
attainment/maintenance of the 1997 8-hour ozone standard. Total VOC
emissions are projected to steadily decrease from the base year of 2002
through 2017, but are then projected to slightly increase by 0.02 tons
per day (tpd) between the years 2017 and 2020. Additionally, total
NOX emissions steadily decreased from the base year of 2002
to 2017, but are then projected to slightly increase by 0.31 tpd.
However, year 2020 emissions projected for both VOC and NOX
are well under the 2002 baseline year emission levels. Thus EPA
proposes to find that Kentucky demonstrated that the 1997 8-hour ozone
standard will continue to be maintained.
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\1\ These emissions estimates in this table were provided by
Kentucky on July 15, 2009, through John Lyons, Director, Division of
Air Quality, as an update to emissions estimates provided in the May
25, 2007 submittal.
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As shown in the table above, Kentucky has demonstrated that the
future year emissions will be less than the 2002 base attainment year's
emissions for the 1997 8-hour ozone NAAQS. The attainment inventory
submitted by Kentucky for this Area is consistent with the criteria
discussed in the Wegman Memorandum. EPA finds that the actual emissions
levels in 2005, and 2008, along with the future emissions for 2011,
2014, 2017, and 2020 are expected to be less than the emissions levels
in 2002. See Table 2 for design value trends for this Area.
In the event that a future 8-hour ozone monitoring reading in this
Area is found to violate the 1997 8-hour ozone standard, the
contingency plan section of the maintenance plan includes measures that
at least one of which will be promptly implemented to ensure that this
Area returns the maintenance of the 1997 8-hour ozone standard. Please
see section (d) Contingency Plan, below, for additional information
related to the contingency measures.
(b) Maintenance Demonstration. The primary purpose of a maintenance
plan is to demonstrate how an area will continue to remain in
compliance with the 1997 8-hour ozone standard for the 10 year period
following the effective date of designation as unclassifiable/
attainment. The end projection year for the maintenance plan for
Owensboro Area was 2020. As discussed in section (a) Attainment
Inventory above, Kentucky identified the level of ozone-forming
emissions that were consistent with attainment of the NAAQS for ozone
in 2002. For the original submittal, Kentucky projected VOC and
NOX emissions for the years 2005, 2008, 2011, 2014, 2017 and
2020 in the Owensboro Area. Subsequently, Kentucky provided updated
projections for all the years. See Table 1. EPA proposes to find that
the future emissions levels in those years are expected to be below the
emissions levels in 2002.
Kentucky's SIP revision also relies on a combination of several air
quality measures that will provide for additional 8-hour ozone
emissions reductions in the Owensboro Area. These measures include the
potential implementation of the following, among others: (1) Federal
motor vehicle control program; (2) fleet turnover of automobiles; (3)
low reid vapor pressure of gasoline; (4) tier 2 motor vehicle emissions
and fuel standards; (5) heavy-duty gasoline and diesel highway vehicles
standard; (6) large nonroad diesel engines rule; (7) nonroad spark
ignition engines and recreational engines standard; (8) point source
emission reductions; (9) Air Products and Chemicals -21-157-00009, (10)
reasonably available control measures, (11) maximum available control
technology; (12) NOX SIP Call; (13) Clean Air Interstate
Rule (CAIR) \2\; (14) several control programs to reduce area source
emissions from aerosol coatings, architectural and industrial
maintenance coatings, and commercial/consumer products; (15) non-
highway mobile source reductions; and (16) emissions standards for
small and large spark-ignition engines, locomotives and land based
diesel engines.
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\2\ Despite the legal status of CAIR as remanded, many
facilities have already or are continuing with plans to install
emission controls that may benefit Kentucky areas.
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There are no sources subject to CAIR or the NOX SIP Call
in the Owensboro Area. Hence the recent remand of CAIR does not impact
the maintenance inventories or maintenance demonstration in any way.
Further, the Owensboro Area was in attainment prior to implementation
of these rules. Hence any contribution to the reduction in the
background ozone levels from these rules will be in addition to the
projected decreases within the maintenance planning area. These rules
are included in the discussion of the maintenance plan because, even
though the submittal takes no credit for them, they are expected to
reduce transported NOX and ozone from outside the
nonattainment area, providing a further, unquantified improvement in
the Area's air quality.
(c) Ambient Air Quality Monitoring. The table below shows
monitoring and design values \3\ for the Owensboro Area. The ambient
ozone monitoring data was collected at sites that were selected with
assistance from EPA and are considered to be representative of the area
of highest concentration.
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\3\ The air quality design value at a monitoring site is defined
as that concentration that when reduced to the level of the standard
ensures that the site meets the standard. For a concentration-based
standard, the air quality design value is simply the standard-
related test statistic. Thus, for the primary and secondary ozone
standards, the 3-year average annual fourth-highest daily maximum 8-
hour average ozone concentration is also the air quality design
value for the site. 40 CFR Part 50, Appendix I, Section 3.
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There is a monitor in Hancock and Daviess Counties in the Owensboro
Area. There was no design value exceeding the 1997 0.08 ppm standard
and it is anticipated that the monitors will remain at current
locations, unless otherwise allowed to be removed in consultation with
EPA and in accordance with the 40 CFR part 58. See, Wegman Memorandum,
pages 4 and 5.
Table 2--Monitoring and Design Values for 8-Hour Ozone
[ppm]
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Owensboro area monitoring values
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Year Area design
Daviess County Hancock County value
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2000-2002................................................. 0.077 0.083 0.083
2001-2003................................................. 0.076 0.082 0.082
2002-2004................................................. 0.073 0.080 0.080
2003-2005................................................. 0.072 0.073 0.073
2004-2006................................................. 0.074 0.073 0.074
2005-2007................................................. 0.081 0.076 0.081
2006-2008................................................. 0.077 0.076 0.077
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Based on the Table above, each of the three-year average available
design values demonstrates attainment of the 1997 ozone NAAQS. The
design value for the area is the higher of the design values at either
of the monitors. Further, these design vales indicate that the
Owensboro Area is expected to continue attainment of the 1997 ozone
NAAQS. The attainment level for the 1997 8-hour ozone standard is 0.08
ppm, effectively 0.084 ppm with the rounding convention. However, in
the event that a design value at one of Owensboro Area monitoring sites
exceeds the 1997 8-hour ozone standard, the contingency plan included
in the Kentucky's maintenance plan submittal includes contingency
measures which will be promptly implemented in accordance with section
(d) Contingency Plan, below.
(d) Contingency Plan. In accordance with 40 CFR 51.905(a)(4)(ii)
and the Wegman Memorandum, the section 110(a)(1) maintenance plan
includes contingency provisions to promptly correct any violation of
the 1997 8-hour ozone NAAQS that occurs. In this maintenance plan, if
contingency measures are triggered by a violation of the 8-hour ozone
NAAQS, Kentucky is committing to adopt one or more of the contingency
measures listed below, within nine months following the trigger, and
implement the measures within eighteen months following the trigger.
The contingency measures include: (1) Implementation of a program to
require additional emissions reductions on stationary sources; (2)
requirement for Stage I Vapor Recovery; (3) requirement of Stage II
Vapor Recovery; (4) open burning during summer ozone season; (5)
restriction of certain roads or lanes to, or construction of such roads
or lanes for use by, passenger buses or high-occupancy vehicles; (6)
trip-reduction ordinances; (7) employer-based transportation management
plans, including incentives; (8) programs to limit or restrict vehicle
use in downtown areas, or other areas of emissions concentration,
particularly during periods of peak use; and (9) programs for new
construction and major reconstructions of paths or tracks for use by
pedestrians or by non-motorized vehicles when economically feasible and
in the public interest.
The maintenance plan also includes two additional triggers (which
would occur prior to a violation of the 1997 8-hour ozone NAAQS) for an
evaluation of existing control measures to see if any further emission
reduction measures should be implemented at that time. These triggers
are an exceedance of the NAAQS in any portion of the maintenance area
or a ten percent or greater increase in emissions of either VOC or
NOX, based on the 2002 emissions inventory and periodic
emission inventory updates. If either of these triggers occurs,
Kentucky commits to evaluating existing control measures to see if any
further emission reduction measures should be implemented.
EPA proposes to find that these contingency measures and schedules
for implementation satisfy EPA's guidance on the requirements of
section 110(a)(1) of continued attainment. Continued attainment of the
1997 8-hour ozone NAAQS in the Owensboro Area will depend, in part, on
the air quality measures discussed previously (see section II). In
addition, Kentucky commits to verifying the 1997 8-hour ozone status in
each maintenance plan through annual and periodic evaluations of the
emissions inventories. In the annual evaluations, Kentucky will review
VOC and NOX emission data from stationary point sources.
During the periodic evaluations (every three years), Kentucky will
update the emissions inventory for all
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emissions source categories, and compare the updated emissions
inventory data with actual 2005 and 2008, and projected 2011, 2014,
2017 and 2020 attainment emissions inventories to verify continued
attainment of the 1997 8-hour ozone standard.
III. Proposed Action
Pursuant to section 110(a)(1) of the CAA, EPA is proposing to
approve the maintenance plan addressing the 1997 8-hour ozone standard
for the Owensboro Area, which was submitted by Kentucky on May 27,
2008, as updated in a July 15, 2009, submission, and which ensures
continued attainment of the 1997 8-hour ozone NAAQS through the year
2020. EPA has evaluated the Commonwealth's submittal and has determined
that it meets the applicable requirements of the CAA and EPA
regulations, and is consistent with EPA policy.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Nitrogen dioxides,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: January 4, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-971 Filed 1-19-10; 8:45 am]
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