[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

[[Page 3185]]

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]
BILLING CODE 6560-50-P