[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Proposed Rules]
[Pages 4510-4522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2010-0255-201116; FRL-9624-2]


Air Quality Implementation Plans; Kentucky; Attainment Plan for 
the Kentucky Portion of the Huntington-Ashland 1997 Annual 
PM[bdi2].[bdi5] Nonattainment Area

AGENCY: Environmental Protection Agency (EPA or Agency).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a state implementation plan (SIP) 
revision submitted by the Commonwealth of Kentucky, through the 
Kentucky Energy and Environment Cabinet, Division for Air Quality 
(DAQ), to EPA on December 3, 2008, for the purpose of providing for 
attainment of the 1997 fine particulate matter (PM2.5) 
national ambient air quality standards (NAAQS) in the Kentucky portion 
of the Huntington-Ashland, West Virginia-Kentucky-Ohio PM2.5 
nonattainment area (hereafter referred to as the ``Huntington-Ashland 
Area'' or ``Area''). The Huntington-Ashland Area is comprised of Boyd 
County and a portion of Lawrence County in Kentucky; Cabell and Wayne 
Counties and a portion of Mason County in West Virginia; and Lawrence 
and Scioto Counties and portions of Adams and Gallia Counties in Ohio. 
The Kentucky plan (hereafter referred to as the ``attainment plan'') 
pertains only to the Kentucky portion of the Huntington-Ashland Area. 
EPA is now proposing to approve Kentucky's submittal regarding 
reasonably available control technology (RACT) and reasonably available 
control measures (RACM); reasonable further progress (RFP); base-year 
and attainment-year emissions inventories; contingency measures; and, 
for transportation conformity purposes, an insignificance determination 
for PM2.5 and nitrogen oxides (NOX) for the 
mobile source contribution to ambient PM2.5 levels for the 
Commonwealth's portion of the Huntington-Ashland Area. This action is 
being taken in accordance with the Clean Air Act (CAA or Act) and the 
``Clean Air Fine Particle Implementation Rule,'' hereafter referred to 
as the ``PM2.5 Implementation Rule,'' issued by EPA on April 
25, 2007. The States of West Virginia and Ohio have provided separate 
SIP revisions with attainment plans for their portions for the 
Huntington-Ashland Area. EPA will act on those SIP revisions in 
rulemaking separate from today's rulemaking.

DATES: Written comments must be received on or before February 29, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0255 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2010-0255, Regulatory Development Section, Air 
Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through

[[Page 4511]]

Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2010-0255. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey of the Regulatory 
Development Section, in the Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey 
may be reached by phone at (404) 562-9104, or via electronic mail at 
[email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
    A. Designation History
    B. Clean Air Fine Particle Implementation Rule
    C. Attaining Data Determination and Finding of Attainment
III. What is included in Kentucky's attainment plan submittal?
IV. What is EPA's analysis of Kentucky's attainment plan submittal?
    A. Attainment Demonstration
    1. Pollutants Addressed
    2. Emissions Inventory Requirements
    3. Modeling
    4. Reasonably Available Control Measures/Reasonably Available 
Control Technology (RACM/RACT)
    5. Reasonable Further Progress
    6. Contingency Measures
    7. Attainment Date
    B. Insignificance Determination for the Mobile Source 
Contribution to PM2.5 and NOX Emissions
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Kentucky's SIP revision, submitted 
through the DAQ to EPA on December 3, 2008, for the purpose of 
demonstrating attainment of the 1997 Annual PM2.5 NAAQS for 
the Kentucky portion of the Huntington-Ashland Area. Kentucky's 
PM2.5 attainment plan includes an analysis of RACM/RACT, an 
RFP plan, base-year and attainment-year emissions inventories for the 
Area, contingency measures, and an insignificance determination for 
mobile PM2.5 and NOx emissions for transportation conformity 
purposes.
    EPA has determined that Kentucky's PM2.5 attainment plan 
for the 1997 Annual PM2.5 NAAQS for its portion of the 
Huntington-Ashland Area meets applicable requirements of the CAA and 
the PM2.5 Implementation Rule. EPA is proposing to approve 
Kentucky's attainment plan for the Commonwealth's portion of the 
Huntington-Ashland Area, including the insignificance determination for 
PM2.5 and NOX for the mobile source contribution 
to ambient PM2.5 levels for the Commonwealth's portion of 
the Huntington-Ashland Area. EPA's analysis for this proposed action is 
discussed in Section IV of this proposed rulemaking.

II. What is the background for EPA's proposed action?

A. Designation History

    On July 18, 1997 (62 FR 36852), EPA established the 1997 
PM2.5 NAAQS as an annual standard of 15.0 micrograms per 
cubic meter ([micro]g/m\3\), based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour (or daily) standard of 
65 [micro]g/m\3\, based on a 3-year average of the 98th percentile of 
24-hour concentrations. EPA established the NAAQS based on significant 
evidence and numerous health studies demonstrating that serious health 
effects are associated with exposures to PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. EPA and state air quality agencies 
initiated the monitoring process for the 1997 PM2.5 NAAQS in 
1999 and established a complete set of air quality monitors by January 
2001. On January 5, 2005, EPA promulgated initial air quality 
designations for the 1997 PM2.5 NAAQS (70 FR 944), which 
became effective on April 5, 2005, based on air quality monitoring data 
for calendar years 2001-2003.
    On April 14, 2005, EPA promulgated a supplemental rule amending the 
Agency's initial designations (70 FR 19844) but retaining the original 
effective date of April 5, 2005. As a result of that supplemental rule, 
PM2.5 nonattainment designations are in effect for 39 areas, 
comprising 208 counties within 20 states (and the District of Columbia) 
nationwide, with a combined population of about 88 million. The 
Kentucky portion of the tri-state WV-KY-OH Huntington-Ashland Area, 
which is the subject of this proposed rulemaking, is included in the 
list of areas designated nonattainment for the 1997 PM2.5 
NAAQS. As mentioned above, the Kentucky portion of the Huntington-
Ashland Area consists of Boyd County in its entirety and a portion of 
Lawrence County, Kentucky.
    On October 17, 2006, EPA strengthened the 24-hour PM2.5 
NAAQS to 35 [micro]g/m\3\ and retained the level of the Annual 
PM2.5 NAAQS at 15.0 [micro]g/m\3\.

[[Page 4512]]

See 71 FR 61144. On November 13, 2009, EPA designated areas as either 
attainment/unclassifiable, unclassifiable or nonattainment with respect 
to the revised 24-Hour PM2.5 NAAQS. See 74 FR 58688. Of 
relevance to the proposed rulemaking herein, EPA's November 2009 
designation action clarified the designations for the 1997 
PM2.5 NAAQS by relabeling the existing designation tables to 
specifically identify designations made for the 1997 Annual 
PM2.5 NAAQS and those made for the 1997 24-hour 
PM2.5 NAAQS (i.e., 65 [micro]g/m\3\).

B. Clean Air Fine Particle Implementation Rule

    As noted above, on April 25, 2007, EPA issued the PM2.5 
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586). 
This rule describes the CAA framework and requirements for developing 
SIPs to achieve attainment in areas designated nonattainment for the 
1997 PM2.5 NAAQS. Such attainment plans must include a 
demonstration that a nonattainment area will meet the applicable NAAQS 
within the timeframe provided in the statute. This demonstration must 
include modeling that is performed in accordance with 40 CFR 51.112 
(Demonstration of adequacy) and Appendix W to part 51 (Guideline on Air 
Quality Models) and that is consistent with EPA modeling guidance. See 
40 CFR 51.1007. The modeling demonstration should include supporting 
technical analyses and descriptions of all relevant adopted Federal, 
state, and local regulations and control measures that have been 
adopted in order to provide for attainment of the 1997 PM2.5 
NAAQS by the proposed attainment date.
    For the 1997 PM2.5 NAAQS, an attainment demonstration 
must show that a nonattainment area will attain the standards as 
expeditiously as practicable, but within five years of designation 
(i.e., by an attainment date of no later than April 5, 2010, based on 
air quality data for 2007 through 2009). If the area is not expected to 
meet the NAAQS by April 5, 2010, a state may request to extend the 
attainment date by one to five years based upon the severity of the 
nonattainment problem or the feasibility of implementing control 
measures in the specific area. CAA section 172(a)(2). For EPA to 
approve an extension of the attainment date beyond 2010, the state must 
provide an analysis that is consistent with the statutory criteria for 
an extension and that demonstrates that the attainment date is as 
expeditious as practicable for the area, given the existing facts and 
circumstances.
    For each nonattainment area, the state (or each state of a multi-
state area) must demonstrate that it has adopted all RACM, including 
all RACT, as needed to provide for attainment of the PM2.5 
NAAQS in the area ``as expeditiously as practicable.'' The 
PM2.5 Implementation Rule provides guidance for making these 
RACM/RACT determinations. See discussion in section IV.A.4. below. Any 
measures that are necessary to meet these requirements that are not 
already federally promulgated or in an EPA-approved part of the SIP 
must be submitted as part of a state's attainment plan. Any state 
measures in the control strategy must meet the applicable statutory and 
regulatory requirements, and, in particular, must be enforceable.
    The PM2.5 Implementation Rule also includes guidance on 
pollutants that states must address in their attainment plans. Section 
302(g) of the CAA authorizes EPA to regulate criteria pollutants and 
their precursors. The main chemical precursors associated with fine 
particle formation are SO2, NOX, volatile organic 
compounds (VOCs), and ammonia. The effect of reducing emissions of 
precursor pollutants that contribute to PM2.5 concentrations 
varies by area, however, depending upon local PM2.5 
composition, emission levels, and other area-specific factors. For this 
reason, the PM2.5 Implementation Rule recommends that states 
control the direct PM2.5 emissions and the precursor 
emissions that would be most effective for attaining the NAAQS within 
the specific area, based upon an appropriate technical demonstration.
    The PM2.5 Implementation Rule defines direct 
PM2.5 emissions as ``solid particles emitted directly from 
an air emissions source or activity, or gaseous emissions or liquid 
droplets from an air emissions source or activity which condense to 
form particulate matter at ambient temperatures. Direct 
PM2.5 emissions include elemental carbon, directly emitted 
organic carbon, directly emitted sulfate, directly emitted nitrate, and 
other inorganic particles (including but not limited to crustal 
material, metals, and sea salt).'' 40 CFR 51.1000.
    The PM2.5 Implementation Rule requires states to 
identify and evaluate sources of PM2.5 direct emissions and 
PM2.5 attainment plan precursors. 40 CFR 51.1002(c). The 
rule requires states to address SO2 as a PM2.5 
attainment plan precursor and to evaluate SO2 for possible 
control measures in all PM2.5 nonattainment areas. States 
are also required to address and evaluate reasonable controls for 
NOX as a PM2.5 attainment plan precursor unless 
the state and EPA make a finding that NOX emissions from 
sources in the state do not significantly contribute to 
PM2.5 concentrations in the relevant nonattainment area.
    Although current scientific information shows that certain VOC 
emissions are precursors to the formation of secondary organic aerosol, 
and significant progress has been made in understanding the role of 
gaseous organic material in the formation of organic PM, this 
relationship remains complex. Further research and technical tools are 
needed to better characterize emissions inventories for specific VOCs 
and to determine the extent of the contribution of specific VOCs to 
organic PM mass. Because of these factors, the PM2.5 
Implementation Rule does not require states to address or evaluate 
controls for VOCs as PM2.5 attainment plan precursors unless 
the state or EPA makes a finding that VOC emissions from sources in the 
state significantly contribute to PM2.5 concentrations in 
the relevant nonattainment area.
    The PM2.5 Implementation Rule describes the formation of 
particles related to ammonia emissions, which is a complex, nonlinear 
process. Though recent studies have improved our understanding of the 
role of ammonia in aerosol formation, further research is needed to 
better describe the relationship between ammonia emissions and 
particulate matter concentrations and the related impacts. Also, area-
specific data is needed to evaluate the effectiveness of reducing 
ammonia emissions in reducing PM2.5 concentrations in 
different areas and to determine where ammonia decreases may increase 
the acidity of particles and precipitation. For these reasons, the 
PM2.5 Implementation Rule does not require states to address 
or evaluate controls for ammonia as PM2.5 attainment plan 
precursors unless the state or EPA makes a finding that ammonia 
emissions from sources in the state significantly contribute to 
PM2.5 concentrations in the relevant nonattainment area.
    The presumptive inclusion of NOX and the presumptive 
exclusion of VOCs and ammonia as attainment plan precursors can be 
reversed based on an acceptable technical demonstration for a 
particular nonattainment area by the state or EPA. The state must 
demonstrate that, based on the sum of available technical and 
scientific information, it would be appropriate for a nonattainment 
area to reverse the presumptive approach for a particular precursor. 
Such a demonstration should include information from multiple

[[Page 4513]]

sources, such as results of speciation data analyses, air-quality 
modeling studies, chemical-tracer studies, emissions inventories, or 
special intensive measurement studies to evaluate specific atmospheric 
chemistry in an area. See PM2.5 Implementation Rule, 72 FR 
20596.
    The PM2.5 Implementation Rule also provides guidance for 
the other elements of a state's attainment plan, including, but not 
limited to, emissions inventories, contingency measures, and motor-
vehicle emissions budgets used for transportation conformity purposes. 
There are, however, three aspects of the preamble to the 
PM2.5 Implementation Rule for which EPA received petitions 
requesting reconsideration. The specific guidance elements identified 
by petitioners pertain to the presumption or advance determination that 
compliance with the requirements of the Clean Air Interstate Rule 
(CAIR) automatically satisfies the requirements for RACT or RACM for 
NOX or SO2 emissions from electric generating 
unit (EGU) sources participating in regional cap and trade programs 
(See PM2.5 Implementation Rule, section II.F.7.); the 
suggestion that the economic feasibility element of a RACT 
determination should include consideration of whether the cost of a 
measure is reasonable in light of the benefits (See PM2.5 
Implementation Rule, section II.F.5.); and the policy of allowing 
certain emissions reductions from outside the nonattainment area to be 
credited as meeting the RFP requirement (See PM2.5 
Implementation Rule, section II.G.5.). EPA has granted these petitions 
and intends to propose rulemaking to change these aspects of the 
PM2.5 Implementation Rule. However, EPA's evaluation of the 
attainment plan for the Huntington-Ashland Area is not impacted by its 
reconsideration of any of these aspects of the PM2.5 
Implementation Rule because the plan does not rely upon them.

C. Attaining Data Determination and Finding of Attainment

    On September 7, 2011, EPA determined that the Huntington-Ashland 
Area had attaining data for the 1997 Annual PM2.5 NAAQS. 76 
FR 55542. That determination was based on quality-assured, quality 
controlled and certified ambient air monitoring data that shows the 
area met the 1997 Annual PM2.5 NAAQS. Furthermore, in 
accordance with CAA 179(c), EPA determined in the same notice that the 
Huntington-Ashland Area attained the 1997 Annual PM2.5 NAAQS 
by its applicable attainment date of April 5, 2010. This information is 
mentioned here in support of EPA's determination that Kentucky's 
attainment plan was sufficient to bring the Huntington-Ashland Area 
into attainment no later than the required attainment date of April 5, 
2010.

III. What is included in Kentucky's attainment plan submittal?

    Kentucky's PM2.5 attainment plan submittal covers the 
Kentucky portion of the Huntington-Ashland Annual PM2.5 
nonattainment area, which is the only portion for which the 
Commonwealth has jurisdiction. Today's action regards only the Kentucky 
portion of the Huntington-Ashland Area. However, the modeling analysis 
provided with Kentucky's attainment plan documentation includes 
modeling results for the entire tri-state Area and the results of Ohio 
and West Virginia's demonstrations for their portions of the Area, for 
which the conclusions of attainment are consistent with that of 
Kentucky's.
    In accordance with section 172(c) of the CAA and the 
PM2.5 Implementation Rule, the attainment plan submitted by 
the DAQ for the Kentucky portion of the Huntington-Ashland Area 
includes (1) emissions inventories for the plan's base year (2002) and 
attainment year (2009); (2) an attainment demonstration; and (3) an 
insignificance finding for the mobile source contribution of 
PM2.5 and NOX. The attainment demonstration 
includes: (a) technical analyses that locate, identify, and quantify 
sources of emissions contributing to violations of the 1997 Annual 
PM2.5 NAAQS; (b) analyses of future-year emissions 
reductions and air quality improvements expected to result from 
national and local programs; adopted emission reduction measures with 
schedules for implementation; and contingency measures required under 
section 172(c)(9) of the CAA. See 72 FR 20605.
    To analyze future-year emission reductions and air quality 
improvements, Kentucky used regional modeling analyses developed 
through the Association for Southeastern Integrated Planning (ASIP). 
The ASIP was a collaborative modeling and technical analysis effort 
among the states of Kentucky, Alabama, Florida, Georgia, Mississippi, 
North Carolina, South Carolina, Tennessee, Virginia and West Virginia 
to develop a regional assessment of the controls needed to achieve 
attainment of the 1997 PM2.5 NAAQS and the 2006 8-hour ozone 
NAAQS. This regional modeling was performed in accordance with EPA's 
``Guidance on the Use of Models and Other Analyses for Demonstrating 
Attainment of Air Quality Goals for Ozone, PM2.5, and 
Regional Haze'' (EPA-454/B-07-002, April 2007) (hereafter referred to 
as ``EPA's Modeling Guidance'').

IV. What is EPA's analysis of Kentucky's attainment plan submittal?

A. Attainment Demonstration

    Consistent with CAA requirements (see, e.g., section 172), and 40 
CFR 51.1007, an attainment demonstration for a PM2.5 
nonattainment area must include a showing that the area will attain the 
annual and 24-hour standards as expeditiously as practicable. The 
demonstration must also meet the requirements of 40 CFR 51.112 and Part 
51, Appendix W, and include inventory data, modeling results, and 
emissions reduction analyses on which the state has based its projected 
attainment. In the case of the Huntington-Ashland Area, the Area has 
already attained the standard. Thus, EPA is now proposing to determine 
that the attainment demonstration submitted by the Commonwealth was 
sufficient, and EPA is taking action to approve individual components 
that are necessary for the continued attainment and maintenance of the 
Area.
1. Pollutants Addressed
    As discussed in section II.B. above, the PM2.5 
Implementation Rule requires states to identify and evaluate sources of 
PM2.5 direct emissions and PM2.5 attainment plan 
precursors. The rule provides that SO2 is a PM2.5 
attainment plan precursor in all areas. The rule also sets forth the 
rebuttable presumptions that NOX is a PM2.5 
attainment plan precursor in all areas and that ammonia and VOCs are 
not PM2.5 attainment plan precursors. Neither Kentucky nor 
the EPA has found reason to reverse these presumptions for the 
Huntington-Ashland Area. Accordingly, Kentucky's PM2.5 
attainment plan evaluates emissions of direct PM2.5, 
SO2, and NOX in the Kentucky portion of the 
Huntington-Ashland Area.
2. Emissions Inventory Requirements
    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the area. These 
inventories provide a detailed accounting of all emissions and 
emissions sources by precursor or pollutant. In addition, inventories 
are used in air quality modeling to demonstrate that attainment of the 
1997 PM2.5 NAAQS is as expeditious as

[[Page 4514]]

practicable and, if an attainment date extension beyond 2010 is needed, 
to support the need for such an extension. Emissions inventory guidance 
was provided in the April 1999 document, ``Emissions Inventory Guidance 
for Implementation of Ozone and Particulate Matter NAAQS and Regional 
Haze Regulations,'' (EPA-454/R-99-006), which was updated in November 
2005 (EPA-454/R-05-001) (hereafter referred to as ``EPA's Emissions 
Inventory Guidance''). Emissions reporting requirements were provided 
in the 2002 Consolidated Emissions Reporting Rule (CERR) (67 FR 39602). 
On December 17, 2008 (73 FR 76539), EPA promulgated the Air Emissions 
Reporting Requirements (AERR) to update emissions reporting 
requirements in the CERR and to harmonize, consolidate and simplify 
data reporting by states.
    In accordance with the CERR and EPA's Emissions Inventory Guidance, 
the PM2.5 Implementation Rule requires states to submit 
inventory information on directly emitted PM2.5 and 
PM2.5 precursors and any additional inventory information 
needed to support an attainment demonstration and (where applicable) an 
RFP plan.
    PM2.5 is comprised of filterable and condensable 
emissions. Condensable particulate matter (CPM) can comprise a 
significant percentage of direct PM2.5 emissions from 
certain sources and are required to be included in national emissions 
inventories based on emission factors. Test Methods 201A and 202 are 
available for source-specific measurement of condensable emissions. 
However, the PM2.5 Implementation Rule notes that there were 
issues raised by commenters related to availability and implementation 
of these test methods as well as uncertainties in existing data for 
condensable PM2.5. EPA established a transition period 
during which EPA could assess possible revisions to available test 
methods and to allow time for states to update emissions inventories as 
needed to address direct PM2.5, including condensable 
emissions. Because of the time required for this assessment, EPA 
recognized that states would be limited in how to effectively address 
CPM emissions and established a period of transition, up to January 1, 
2011, during which state submissions for PM2.5 were not 
required to address CPM emissions. Amendments to these test methods 
were proposed on March 25, 2009 (74 FR 12969), and finalized on 
December 21, 2010 (75 FR 80118). The amendments to Method 201A added a 
particle-sizing device for PM2.5 sampling, and the 
amendments to Method 202 revised the sample collection and recovery 
procedures of the method to reduce the formation of reaction artifacts 
that could lead to inaccurate measurements of CPM emissions.
    The period of transition for establishing emissions limits for 
condensable direct PM2.5 ended on January 1, 2011. 
PM2.5 submissions made during the transition period are not 
required to address CPM emissions, however, states must address the 
control of direct PM2.5 emissions, including condensable 
emissions, with any new action taken after January 1, 2011. Kentucky 
submitted the Huntington-Ashland Area attainment plan prior to January 
1, 2011, and did not consider CPM in addressing the control of 
PM2.5 emissions.
    In July 2008, EarthJustice filed a petition requesting 
reconsideration of EPA's transition period for CPM emissions provided 
in the PM2.5 Implementation Rule. In January 2009, EPA 
decided to allow states that have not previously addressed CPM to 
continue to exclude CPM for PSD permitting during the transition 
period. Today's action reflects a review of Kentucky's submittal based 
on current EPA guidance as described in the PM2.5 
Implementation Rule.
    The 172(c)(3) emissions inventory is developed by the incorporation 
of data from multiple sources. States were required to develop and 
submit to EPA a triennial emissions inventory according to the CERR for 
all source categories (i.e., point, area, nonroad mobile and on-road 
mobile). This inventory often forms the basis of data that are updated 
with more recent information and data that also is used in their 
attainment demonstration modeling inventory. Such was the case in the 
development of the 2002 emissions inventory that was submitted in the 
Commonwealth's attainment SIP for this Area. The 2002 emissions 
inventory was based on data developed with Visibility Improvement State 
and Tribal Association of the Southeast (VISTAS) contractors for the 
same ten states of the ASIP effort and submitted by the states to the 
2002 National Emissions Inventory. Several iterations of the 2002 
inventories were developed for the different emissions source 
categories resulting from revisions and updates to the data. This 
resulted in the use of version G2 of the updated data to represent the 
point sources' emissions. Data from many databases, studies and models 
(e.g., vehicle miles traveled, fuel programs, the NONROAD 2002 model 
data for commercial marine vessels, locomotives and Clean Air Market 
Division, etc.) resulted in the inventory submitted in this SIP. The 
data were developed according to EPA's Emissions Inventory Guidance and 
a quality assurance project plan that was developed through VISTAS and 
approved by EPA. EPA agrees that the process used to develop this 
inventory was adequate to meet the requirements of the CAA, e.g., CAA 
section 172(c)(3), and the implementing regulations.
    Tables 1-5 below show the level of emissions in the Kentucky 
portion of the Huntington-Ashland Area for 2002 by pollutant, county, 
and emissions source category. The point, area, and nonroad values for 
Lawrence County in the December 8, 2008, submittal were for the entire 
county, not just the census block that EPA designated as nonattainment. 
On May 26, 2011, at the request of EPA, the Commonwealth submitted 
updated tables to include information on point source emissions from 
the designated census block and population based apportionment of the 
area and nonroad sectors to support the mobile source insignificance 
finding discussed further in Section IV.B. below. A copy of the May 26, 
2011, clarification letter and updated tables can be found in the 
docket for this proposed action (EPA-R02-OAR-2010-0255) on the 
www.regulations.gov Web site. EPA is proposing to approve the emissions 
inventory for the Kentucky portion of the Huntington-Ashland Area as 
meeting the requirements of Section 172(c)(3) of the CAA.

                         Table 1--Base and Attainment Year VOC Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Boyd County                       Lawrence County                    KY portion total
                  VOC (tpy)                  -----------------------------------------------------------------------------------------------------------
                                                    2002              2009              2002              2009              2002              2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................              3083              3259                98               119              3181              3378
Area........................................               780               775               374               357              1154              1132

[[Page 4515]]

 
Mobile......................................               991               613               409               269              1400               882
Nonroad.....................................               312               256               223               271               535               527
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................              5166              4903              1104              1016              6270              5919
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Table 2--Base and Attainment Year NOX Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Boyd County                       Lawrence County                    KY portion total
                  NOX (tpy)                  -----------------------------------------------------------------------------------------------------------
                                                    2002              2009              2002              2009              2002              2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................              7046              7281             17129              5730             24175             13011
Area........................................                40                46                87                93               127               139
Mobile......................................              1213               774               785               528              1998              1302
Nonroad.....................................              3319              3107               726               664              4045              3771
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................             11618             11208             18727              7015             30345             18223
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Table 3--Base and Attainment Year SO2 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Boyd County                       Lawrence County                    KY portion total
                  SO2 (tpy)                  -----------------------------------------------------------------------------------------------------------
                                                    2002              2009              2002              2009              2002              2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................              9711             10432             48874             47739             58585             58171
Area........................................               542               578                96               102               638               680
Mobile......................................                54                 6                30                 4                84                10
Nonroad.....................................               482               380                85                52               567               432
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................             10789             11396             49085             47897             59874             59293
--------------------------------------------------------------------------------------------------------------------------------------------------------


                        Table 4--Base and Attainment Year PM2.5 Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Boyd County                       Lawrence County                    KY portion total
                 PM2.5 (tpy)                 -----------------------------------------------------------------------------------------------------------
                                                    2002              2009              2002              2009              2002              2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................              1256              1255               335               413              1591              1668
Area........................................               712               748               216               219               928               967
Mobile......................................                21                15                14                10                35                25
Nonroad.....................................               131               121                30                28               161               149
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................              2120              2139               595               670              2715              2809
--------------------------------------------------------------------------------------------------------------------------------------------------------


                       Table 5--Base and Attainment Year Ammonia Inventory for the Kentucky Portion of the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Boyd County                       Lawrence County                    KY portion total
                Ammonia (tpy)                -----------------------------------------------------------------------------------------------------------
                                                    2002              2009              2002              2009              2002              2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................               336               378                31                44               367               422
Area........................................                38                38                28                28                66                66
Mobile......................................                44                53                20                26                64                79
Nonroad.....................................                 0                 0                 0                 0                 0                 0
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................               418               469                79                98               497               567
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA has reviewed Kentucky's emissions inventory and finds that it 
is adequate for the purposes of meeting section 172(c)(3) emissions 
inventory requirement. The emissions inventory is approvable because 
the emissions were

[[Page 4516]]

developed consistent with the CAA, implementing regulations and EPA 
guidance for emissions inventories. Additional emissions inventory 
information, including summary tables for the Ohio and West Virginia 
portions of the Huntington-Ashland Area, are included in Appendix E of 
Kentucky's attainment SIP and are located in the docket for this 
proposed action (EPA-R02-OAR-2010-0255) on the www.regulations.gov Web 
site.
3. Modeling
    The PM2.5 attainment demonstrations must include 
modeling that should be developed in accordance with EPA's Modeling 
Guidance. A brief description of the modeling used to support 
Kentucky's attainment demonstration follows. More detailed information 
can be found in Kentucky's December 3, 2010, SIP revision in the docket 
for this proposed action (EPA-R02-OAR-2010-0255) on the 
www.regulations.gov Web site.
    Ambient PM2.5 typically includes both primary (directly 
emitted) PM2.5 and secondary PM2.5 (e.g., 
sulfates and nitrates formed by chemical reactions in the atmosphere). 
Some of the physicochemical processes leading to the formation of 
secondary PM2.5 may take hours or days, as may some of the 
removal processes. Thus, some sources of secondary PM2.5 may 
be sources outside of the nonattainment area. To model a sufficient 
geographic area to take these processes into account, Kentucky' 
regional modeling domain covered an area slightly greater than the 
geographical area of the VISTAS/ASIP states in this attainment 
demonstration.
    Kentucky, through the ASIP and VISTAS, conducted an analysis of the 
major contributing components of PM2.5 in the Kentucky 
portion of the Huntington-Ashland Area. Specifically, organic carbon 
(OC) and sulfuric acid (SO4) account for the largest 
contributions. The majority of OC can be attributed to biogenic 
emissions and SO4 to emissions of SO2. 
SO2 emissions are primarily associated with the point source 
sector, accounting for approximately 98 percent of the SO2 
emission in the Huntington-Ashland Area. Emissions sensitivity modeling 
for the Huntington-Ashland Area indicated that SO2 emissions 
reductions from EGUs in Kentucky, Tennessee, and West Virginia would 
have the greatest benefits for the Area. The VISTAS modeling also 
projects limited benefits to total PM2.5 emissions from 
reductions of NOX. The modeling performed by VISTAS showed 
that reductions of primary carbon from the mobile sector were more 
effective than reductions of either VOCs or NOX from mobile 
sources. EPA agrees with Kentucky's assertion that controlling 
SO2 from point sources is the most effective means of 
addressing attainment of the 1997 Annual PM2.5 NAAQS in the 
Huntington-Ashland Area.
Model Selection and Inputs
    The ASIP performed modeling for ozone and PM2.5 for the 
10 collaborating southeastern states, including Kentucky. The modeling 
analysis is a complex technical evaluation that began with selection of 
the modeling system. The ASIP and/or VISTAS used the following modeling 
system:
     Meteorological Model: The Pennsylvania State University/
National Center for Atmospheric Research Mesoscale Meteorological Model 
is a nonhydrostatic, prognostic meteorological model routinely used for 
urban- and regional-scale photochemical, ozone, PM2.5, and 
regional haze regulatory modeling studies.
     Emissions Model: The Sparse Matrix Operator Kernel 
Emissions modeling system is an emissions modeling system that 
generates hourly gridded speciated emission inputs of mobile, non-road 
mobile, area, point, fire and biogenic emission sources for 
photochemical grid models.
     Air Quality Model: The EPA's Models-3/Community Multiscale 
Air Quality (CMAQ) modeling system is a photochemical grid model 
capable of addressing ozone, PM, visibility and acid deposition at a 
regional scale. The photochemical model selected for this study was 
CMAQ version 4.5. It was modified through VISTAS with a module for 
Secondary Organics Aerosols in an open and transparent manner that was 
also subjected to outside peer review.
    CMAQ modeling of regional haze in the VISTAS region for 2002 and 
2009 was carried out on a grid of 12 x 12 kilometer cells that covers 
the ten VISTAS states and states adjacent to them. This grid is nested 
within a larger national CMAQ modeling grid of 36 x 36 kilometer grid 
cells that covers the continental United States, portions of Canada and 
Mexico, and portions of the Atlantic and Pacific Oceans along the east 
and west coasts. Selection of a representative period of meteorology is 
crucial for evaluating baseline air quality conditions and projecting 
future changes in air quality due to changes in emissions of 
visibility-impairing pollutants. VISTAS conducted an in-depth analysis 
which resulted in the selection of the entire calendar year of 2002 as 
the best period of meteorology available for conducting the CMAQ 
modeling. As noted above, the VISTAS and ASIP states modeling was 
developed consistent with EPA's Emissions Inventory Guidance and EPA's 
Modeling Guidance.
    VISTAS examined the model performance of the regional modeling for 
the areas of interest before determining whether the CMAQ model results 
were suitable for use in the assessment of an attainment of the 
PM2.5 NAAQS and for use in the modeling assessment. The 
modeling assessment predicts future levels of emissions and visibility 
impairment used to support the 2009 PM2.5 control strategy. 
In keeping with the objective of the CMAQ modeling platform, the air 
quality model performance was evaluated using graphical and statistical 
assessments based on measured ozone, fine particles, and acid 
deposition from various monitoring networks and databases for the 2002 
base year. A diverse set of statistical parameters from the EPA's 
Modeling Guidance was used to stress and examine the model and modeling 
inputs. Once the model performance of the 2002 base year was determined 
to be acceptable, the EPA model attainment test was used to assess 
whether attainment of the PM2.5 NAAQS would be achieved in 
2009. The DAQ provided the appropriate supporting documentation for all 
required analyses used to determine Kentucky's control strategy. The 
technical analyses and modeling used to assess attainment in 2009 for 
the Area is consistent with the CAA, EPA's PM2.5 
Implementation Rule and EPA's Modeling Guidance. EPA accepts the VISTAS 
and ASIP technical modeling to support the attainment SIP for the Area 
because the modeling system was chosen and simulated according to EPA's 
Modeling Guidance. For purposes of the Huntington-Ashland attainment 
demonstration, EPA agrees with the VISTAS model performance procedures 
and results, and that the CMAQ is an appropriate tool for the 
assessment of PM2.5 for the Kentucky attainment 
demonstration for this Area. Additional details on the ASIP and VISTAS 
modeling is included in the Kentucky SIP.
Modeling Results
    The modeling results were used in a relative sense in concert with 
observed PM2.5 air quality data (i.e., taking the ratio of 
future to present model predicted air quality and multiplying it times 
an ``ambient design value''). The ambient design value is an average of 
the three current design values (i.e., 2001, 2002, and 2003) that 
straddle the modeling base year (i.e., 2002). EPA

[[Page 4517]]

recommends using the average of the three design value periods which 
include the baseline inventory year. This average design value best 
represents the baseline concentrations, while taking into account the 
variability of meteorology and emissions (over a five-year period). 
This EPA attainment test approach should reduce some of the uncertainty 
involved with using absolute model predictions alone. Using the model 
in a relative sense also reduces the effects of uneven model 
performance and possible major biases in predicting absolute 
concentrations of one or more components. The ratio of future to 
present model predicted air quality resulted in relative reduction 
factors (RRF). The multiplication of the RRF by an ambient design value 
from the base year (i.e., 2002) provided estimates of future design 
values to determine if monitors and areas with monitors in the 
nonattainment area will comply with the annual PM2.5 NAAQS.
    EPA provided guidance to states and tribes for projecting 
PM2.5 concentrations using a ``speciated modeled attainment 
test'' (SMAT) (EPA-454/B-07-002, April 2007). Once modeling for a 
projection year and a base year are complete, RRFs are computed for 
each component of PM2.5 in the modeling domain. Modeling by 
Kentucky to assess attainment in the entire Huntington-Ashland Area 
used the following components of PM2.5: SO4, 
NO3, directly emitted organic particles, and directly 
emitted inorganic particles. Ammonia is treated as part of 
SO4 and NO3 molecules, and water is assumed to be 
present at a constant mass in both the base year and projection year. 
For each monitoring location, the RRF for a component is computed as 
the ratio of the projection year divided by the base year modeled 
concentration for a three-by-three array of modeled grid cells centered 
on the monitoring location.
    Projection year component concentrations are estimated by 
multiplying the RRFs times a monitoring based base year component 
concentration, determined by applying measured speciation data to the 
monitored total PM2.5 design concentration. The sum of these 
estimated projection year component concentrations is the estimated 
projection year PM2.5 concentration. If future estimates of 
PM2.5 concentrations are less than the 1997 PM2.5 
NAAQS, then the modeling indicates attainment of the standard.
    PM2.5 includes a mixture of components that can behave 
independently from one another (e.g., primary vs. secondary particles) 
or that are related to one another in a complex way (e.g., different 
secondary particles). Thus, it is appropriate to consider the predicted 
future concentration of PM2.5 to be the sum of the predicted 
component concentrations. See 72 FR 20608. As recommended in EPA's 
Modeling Guidance, Kentucky divided PM2.5 into its major 
components and noted the future effects of already implemented 
strategies on each. The effect on PM2.5 was estimated as a 
sum of the effects on individual components. Future PM2.5 
design values at specified monitoring sites were estimated by adding 
the future-year values of seven PM2.5 components. All future 
site-specific PM2.5 design values were below the 
concentration specified in the NAAQS; therefore, the Huntington-Ashland 
Area passed the SMAT evaluation.
    EPA has also developed a software package called Modeled Attainment 
Test Software (MATS) which will spatially interpolate data, adjust the 
spatial fields based on model output gradients and multiply the fields 
by model calculated RRFs. EPA recommended that the Commonwealth provide 
MATS attainment test values for 2009 since the tool became available 
soon after Kentucky had drafted its attainment demonstration. The 2009 
MATS values for the entire Huntington-Ashland Area also indicate 
attainment of the annual PM2.5 NAAQS in 2009. Table 7 
illustrates the current (2002 DVC) and future (2009 DVF) annual design 
values for 2009 for the monitors in the nonattainment area.

                 Table 7--2002 Current and 2009 Predicted Annual PM2.5 Design Values ([mu]g/m3)
----------------------------------------------------------------------------------------------------------------
              Site No.                    State               County           2002 Annual DVC   2009 Annual DVF
----------------------------------------------------------------------------------------------------------------
21-019-0017.........................  KY             Boyd...................              14.9              12.6
39-087-0010.........................  OH             Lawrence...............              15.7              13.7
39-145-0013.........................  OH             Scioto.................              17.1              14.7
54-011-0006.........................  WV             Cabell.................              16.5              14.4
----------------------------------------------------------------------------------------------------------------

Additional Analysis
    Kentucky provided supplemental analysis to further support results 
from the modeled attainment tests. As a first step, Kentucky noted that 
the modeled attainment tests supported a conclusion that the proposed 
strategy will meet the air quality goals by the attainment year. As 
noted in section 7 of EPA's Modeling Guidance, corroboratory analyses 
should be used to help assess whether a simulated control strategy is 
sufficient to meet the NAAQS. One of the metrics identified in the 
guidance is the calculations of the percent change in the number of 
grid cells greater than or equal to 15.0 [micro]g/m\3\ in the 
nonattainment area. For Kentucky's analysis, cell counts of modeling 
data were tallied for both the 2002 baseline and 2009 attainment year 
modeling runs for a subset of the highest days from the base year and 
which coincide with the 29 days used in the model performance 
evaluation and modeling results discussed previously. The analysis 
indicates a 10 percent increase in the number of cells representing 
days with concentrations below 15.0 [mu]g/m\3\.
    Kentucky conducted an additional unmonitored area analysis to 
ensure that a control strategy leads to reductions in PM2.5 
at other locations which could have baseline (and future) design values 
exceeding the NAAQS were a monitor deployed there. Consistent with 
EPA's Modeling Guidance, the ASIP determined the 2002 current year and 
2009 projected PM2.5 design values in the Huntington-Ashland 
Area using the 2002 typical and 2009 BaseG4 CMAQ 12 km modeling 
results. Appendix L of the Commonwealth's submittal contains maps which 
illustrate that the MATS projections for the unmonitored areas in 
Kentucky and the entire Huntington-Ashland Area will be below the 
PM2.5 NAAQS by 2009.
EPA Analysis
    Kentucky's PM2.5 attainment demonstration submittal 
covers only the portion of the Huntington-Ashland Area for which 
Commonwealth has jurisdiction (Boyd County and a portion of Lawrence 
County). However, the modeling results for the West Virginia and Ohio 
portions of the Area reach conclusions of attainment which are

[[Page 4518]]

consistent with that of Kentucky. The technical analyses and modeling 
to assess attainment of the entire nonattainment Area were developed 
consistent with EPA's Modeling Guidance. The modeling system was chosen 
and simulated to develop a model performance evaluation of the 
nonattainment area to provide the necessary assurances and results that 
an assessment of future controls for attainment is merited. Application 
of the EPA modeled attainment test and the MATS indicated future design 
values that are less than 15.0 [mu]g/m\3\ and consistent with 
attainment of the 1997 Annual PM2.5 NAAQS. The additional 
analyses based on other regional modeling studies, including EPA and 
the Midwest RPO, support the modeling results developed by the ASIP and 
Kentucky. Finally, the area's status as having attained the standard 
further supports the modeling results.
Current Air Quality Analysis
    As noted in section II.C. above, on September 7, 2011, EPA 
determined that the Huntington-Ashland Area had attaining data for the 
1997 Annual PM2.5 NAAQS based upon data for the 3-year 
period 2007-2009, with a design value (i.e., the highest 3-year average 
of annual mean PM2.5 concentrations) of 14.3 [mu]g/m\3\. In 
that same notice EPA noted that the Area also had attaining data for 
the 3-year period 2008-2010, with a design value of 13.1 [mu]g/m\3\. 
These data, which have been quality-assured, certified, and recorded in 
EPA's Air Quality System (AQS), are summarized in Tables 8 and 9 below. 
In addition, monitoring data thus far available, but not yet certified, 
in the AQS database for 2011 show that this Area continues to meet the 
1997 Annual PM2.5 NAAQS. The continuing decrease in 
PM2.5 concentrations in the Area supports Kentucky's 
determination that current measures were sufficient to bring the Area 
into attainment by no later than the required attainment date of April 
5, 2010.
---------------------------------------------------------------------------

    \1\ West Virginia has a collocated monitor in place at the same 
site for quality assurance purposes. The primary monitor, and not 
the collocated monitor, is used to determine compliance with the 
PM2.5 NAAQS. Since the collocated monitor takes fewer 
readings than the primary monitor, its average annual values may be 
unrepresentatively high. (See 40 CFR Part 50, Appendix N, 3(d)(1).)
    \2\ The LCH Site was shut-down in February 2008. The Ironton DOT 
site began operation on the same day the LCH Site ceased monitoring.
    \3\ The Ironton DOT site did not begin operation until February 
2008.
    \4\ The Ironton DOT site began operation in February 2008 and 
thus did collect 75 percent for the first quarter of 2008. However, 
this was a new site and monitoring data did meet 75 percent 
completeness for the remainder of the quarter and for the subsequent 
quarters. As such, EPA does not consider the first quarter data to 
be incomplete.

                 Table 8--2007-2009 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
                                                                                                 Annual average
               Site name                           County                    Site No.            concentration
                                                                                                  ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington.............................  Cabell, WV...............  54-011-0006..............           \1\ 14.3
Ashland Primary (FIVCO)................  Boyd, KY.................  21-019-0017..............               12.4
Lawrence County Hospital...............  Lawrence, OH.............  39-087-0010..............           \2\ 13.3
Ironton Department of Transportation     Lawrence, OH.............  39-087-0012..............               12.2
 (DOT) \3\.
----------------------------------------------------------------------------------------------------------------


                 Table 9--2008-2010 Annual Average Concentrations in the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
                                                                                                 Annual average
               Site name                           County                    Site No.            concentration
                                                                                                  ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Huntington.............................  Campbell.................  54-011-0006..............               13.1
Ashland Primary (FIVCO)................  Boyd.....................  21-019-0017..............               11.4
Ironton DOT \4\........................  Lawrence.................  39-087-0012..............               12.2
----------------------------------------------------------------------------------------------------------------

4. Reasonably Available Control Measures/Reasonably Available Control 
Technology (RACM/RACT)
a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan ``provide 
for the implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from the existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology), 
and shall provide for attainment of the national primary ambient air 
quality standards.'' EPA interprets RACM, including RACT, under section 
172 as measures that a state finds are both reasonably available and 
contribute to attainment as expeditiously are practicable in the 
nonattainment area. 40 CFR 51.1010; 72 FR 20586, 20612.
    States are required to evaluate RACM/RACT for direct 
PM2.5 emissions and all of the area's attainment plan 
precursors. 40 CFR 51.1002(c); 72 FR 20586,20589-97. The state must 
address SO2 as a PM2.5 attainment plan precursor 
and evaluate sources of SO2 emissions in the state for 
control measures. The state must address NOX as a 
PM2.5 attainment plan precursor and evaluate sources of 
NOX emissions in the state for control measures, unless the 
state and EPA provide an appropriate technical demonstration for a 
specific area showing that NOX emissions from sources in the 
state do not significantly contribute to PM2.5 
concentrations in the nonattainment area. Also, because EPA concluded 
that VOCs and ammonia are presumptively not regulatory precursors for 
PM2.5, the state is not required to evaluate RACM/RACT for 
sources of VOCs or ammonia unless there is a determination supported by 
an appropriate demonstration that such emissions need to be regulated 
for expeditious attainment of the NAAQS in the specific area.
    For PM2.5 attainment plans, the PM2.5 
Implementation Rule requires a combined approach to RACM and RACT under 
subpart 1 of Part D of the CAA (``Plan Requirements for Nonattainment 
Areas/Nonattainment Areas in General''). Subpart 1, unlike subparts 2 
and 4, does not identify specific source categories for which EPA must 
issue control technique documents or guidelines and does not identify 
specific source categories for state and EPA evaluation during 
attainment plan development. 72 FR 20586, 20610.

[[Page 4519]]

Rather, under subpart 1, EPA considers RACT to be part of an area's 
overall RACM obligation consistent with the section 172 definition. 
Because the variable nature of the PM2.5 problem in 
different nonattainment areas may require states to develop attainment 
plans that address widely disparate circumstances, EPA determined not 
only that states should have flexibility with respect to RACM/RACT 
controls but also that in areas needing significant emission 
reductions, RACM/RACT controls on smaller sources may be necessary to 
reach attainment as expeditiously as practicable. 72 FR 20586, 20612 
and 20615. Thus, under the PM2.5 Implementation Rule, RACT 
and RACM are those reasonably available measures that contribute to 
attainment as expeditiously as practicable in the specific 
nonattainment area. 40 CFR 51.1010; 72 FR 20586, 20612.
    The PM2.5 Implementation Rule requires that attainment 
plans include the list of measures that a state considered and 
information sufficient to show that the state met all requirements for 
the determination of what constitutes RACM/RACT in a specific 
nonattainment area. 40 CFR 51.1010(a). In addition, the rule requires 
that the state, in determining whether a particular emissions reduction 
measure or set of measures must be adopted as RACM/RACT, consider the 
cumulative impact of implementing the available measures and to adopt 
as RACM/RACT any potential measures that are reasonably available 
considering technological and economic feasibility if, considered 
collectively, they would advance the attainment date by one year or 
more. If a measure or measures is not necessary for expeditious 
attainment of the NAAQS in the area, then by definition that measure is 
not RACM/RACT for purposes of the 1997 PM2.5 NAAQS in that 
area. Any measures that are necessary to meet these requirements which 
are not already either federally promulgated, part of the state's SIP, 
or otherwise creditable in SIPs must be submitted in enforceable form 
as part of a state's attainment plan for the area. 72 FR 20586, 20614.
    Guidance provided in the PM2.5 Implementation Rule for 
evaluating RACM/RACT level controls for an area also indicates that 
there could be flexibility with respect to those areas that were 
predicted to attain the 1997 PM2.5 NAAQS within five years 
of designation as a result of existing national or local measures. 72 
FR 20586, 20612. In such circumstances, the state may conduct a more 
limited RACM/RACT analysis that does not involve additional air quality 
modeling. Moreover, the RACM/RACT analysis for such area would focus on 
a review of reasonably available measures, the estimation of potential 
emissions reductions, and the evaluation of the time needed to 
implement the measures. Thus, the PM2.5 Implementation Rule 
guidance recommends that an analysis for those areas expected to attain 
within five years of designation as a nonattainment area for the 1997 
PM2.5 NAAQS may be a less rigorous than for areas expected 
to attain later.
    A more comprehensive discussion of the RACM/RACT requirement for 
PM2.5 attainment plans and EPA's guidance for it can be 
found in the preamble to the PM2.5 Implementation Rule. 72 
FR 20586, 20609-20633.
b. Kentucky's Analysis of Pollutants and Sources for the Huntington-
Ashland Area
    Kentucky's analysis, which appears in chapter 7 of the attainment 
plan submission, evaluates sources of PM2.5, SO2, 
and NOX located in the nonattainment area for potential 
control as RACM/RACT. The Commonwealth determined that controls of 
sources of VOCs or ammonia would not be necessary for expeditious 
attainment of the NAAQS in this area. EPA agrees that Kentucky's 
determination is supported by its analysis. The Commonwealth's 
determination with respect to which pollutants the plan should evaluate 
is discussed in chapter 1 of the submittal.
    After evaluating which pollutants should be addressed in the 
attainment plan, the Commonwealth identified all source categories of 
those emissions located within the nonattainment area to determine 
available controls that could advance the attainment date by one year 
or more. See Appendix M of the attainment plan submittal. Based on the 
emissions inventory and other information, the Commonwealth identified 
several source categories as sources that should be evaluated for 
controls. Stationary source measure categories identified include 
stationary diesel engine retrofit, rebuild or replacements; new or 
upgraded emission control requirements for direct PM2.5 
emissions at stationary sources; improved capture of particulate 
emissions to increase the amount of PM2.5 ducted to control 
devices; new or upgraded emission controls for PM2.5 
precursors at stationary sources; energy efficiency measures to reduce 
fuel consumption and associated pollutant emissions; and measures to 
reduce fugitive dust from industrial sites. Mobile source measure 
categories identified include on-road diesel engine retrofits for 
school buses, trucks and transit buses using EPA verified technologies; 
nonroad diesel engine retrofit, rebuild or replacement; diesel idling 
programs for trucks, locomotive, and other mobile sources; 
transportation control measures, including those listed in section 
108(f) of the CAA and other transportation demand management and 
transportation systems management strategies; programs to reduce 
emissions or accelerate retirement of high emitting vehicles, boats, 
and lawn and garden equipment; emissions testing and repair/maintenance 
programs for on-road vehicles, nonroad heavy-duty vehicles and 
equipment; programs to expand use of clean burning fuels; low emissions 
specifications for equipment or fuel used for large construction 
contracts, industrial facilities, ship yards, airports, and public or 
private vehicle fleets; and opacity or other emissions standards for 
``gross-emitting'' diesel equipment or vessels. Area source measure 
categories identified include new open burning regulations and/or 
measures to improve program effectiveness such as programs to reduce or 
eliminate burning of land clearing vegetation; programs to reduce 
emissions from woodstoves and fireplaces including outreach programs, 
curtailments during days with expected high ambient levels of 
PM2.5, and programs to encourage replacement of woodstoves 
when houses are sold; controls on emissions from charbroiling or other 
commercial cooking operations; and reduced solvent usage or solvent 
substitution.
    In accordance with 40 CFR 51.1010, the attainment demonstration 
component for a PM2.5 nonattainment area SIP is required to 
demonstrate that all RACM (including RACT for stationary sources) 
necessary to demonstrate attainment as expeditiously as practicable 
have been adopted. The cumulative impact of implementing available 
measures must be considered in determining whether a particular 
emission reduction measure or set of measures is required to be adopted 
as RACM. Potential measures that are reasonably available considering 
technical and economic feasibility must be adopted as RACM if, 
considered collectively, they would advance the attainment date by one 
year or more. Therefore, since Kentucky demonstrated attainment of the 
1997 PM2.5 NAAQS in the Kentucky portion of the Huntington-
Ashland Area by the end of 2009, any RACM measures would have needed to 
be in effect at the beginning of 2008 to have had any potential to 
advance the attainment date by at least one year.

[[Page 4520]]

    Through participation in regional planning efforts of the Southeast 
Regional Planning Organization, VISTAS and the ASIP, Kentucky has 
evaluated potential control measures to attain the fine particle. For 
the relevant source categories, the Commonwealth evaluated the 
potential control measures that would be considered reasonable for the 
Huntington-Ashland Area, in light of timing and other considerations 
consistent with EPA's guidance. DAQ determined that there were no 
additional measures that could be adopted by January 1, 2008. In 
addition, existing measures and measures planned for implementation by 
2009 enabled the Huntington-Ashland Area to attain the 1997 
PM2.5 NAAQS. Therefore, no further actions on RACM or RACT 
are warranted.
c. Kentucky's Evaluation of RACM/RACT Control Measures for the 
Huntington-Ashland Area
    In accordance with section 172 of the CAA, the Kentucky portion of 
the Huntington-Ashland Area has adopted all RACM, including RACT, 
needed to attain the standards ``as expeditiously as practicable.'' 
Kentucky's demonstration for attaining the 1997 PM2.5 NAAQS 
in the Kentucky portion of the Huntington-Ashland Area is based on the 
following enforceable measures, as discussed in Chapter 5 of the plan: 
tier 2 vehicle standards; heavy-duty gasoline and diesel highway 
vehicle standards; large nonroad diesel engine standards; nonroad 
spark-ignition engines and recreational engines standards; combustion 
turbine MACTs; VOC 2-, 4-, 7-, and 10-year MACT standards; consent 
agreements; open burning bans; and fugitive emissions standards.
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
    EPA is proposing to approve Kentucky's evaluation of RACM/RACT 
control measures for the Kentucky portion of the Huntington-Ashland 
Area. As noted in section C. above, EPA has already determined that the 
Huntington-Ashland Area has attaining data for the 1997 Annual 
PM2.5 NAAQS and met the standard by its applicable 
attainment date of April 5, 2010. EPA's guidance for the 
PM2.5 Implementation Rule recommends that if an area was 
predicted through the attainment plan to attain the standard within 
five years after designation, then the state could submit a more 
limited RACM/RACT analysis and the state could elect not to do 
additional modeling.
    In light of the fact that the Kentucky portion of the Huntington-
Ashland Area is now attaining the standards, EPA proposes to conclude 
that the attainment plan meets the RACM/RACT requirements of the 
PM2.5 Implementation Rule and that the level of control in 
the Commonwealth's attainment plan constitutes RACM/RACT for purposes 
of the 1997 PM2.5 NAAQS. Because the PM2.5 
Implementation Rule defines RACM/RACT as that level of control that is 
necessary to bring the area into attainment as expeditiously as 
practicable, the current level of Federally enforceable controls on 
sources located within the Area is by definition RACM/RACT for this 
Area for this purpose, given the Area's status as attaining the 
standard.
5. Reasonable Further Progress
    Section 172(c)(2) of the CAA and the PM2.5 
Implementation Rule require that attainment plans include a 
demonstration that reasonable further progress toward meeting air 
quality standards will be achieved through generally linear incremental 
improvement in air quality. For the 1997 PM2.5 NAAQS, a 
state is required to submit a separate RFP plan for any area for which 
the state seeks an extension of the attainment date beyond 2010. The 
PM2.5 Implementation Rule set forth that an area that 
demonstrates attainment within five years of the date of designation 
will be considered to have satisfied the RFP requirement and is not 
required to submit a separate RFP plan. See 40 CFR 51.1009(b). The 
Kentucky attainment plan submittal meets the RFP requirements for the 
Huntington-Ashland Area by demonstrating that the Area attained the 
1997 PM2.5 NAAQS by the 2010 attainment date.
6. Contingency Measures
    In accordance with section 172(c)(9) of the CAA, the 
PM2.5 Implementation Rule requires that PM2.5 
attainment plans include contingency measures. 40 CFR 51.1012 and 72 FR 
at 20642-20646. (April 25, 2007). Contingency measures are additional 
measures to be implemented in the event that an area fails to meet RFP 
or fails to attain a standard by its attainment date. These measures 
must be fully adopted rules or control measures that can be implemented 
quickly and without additional EPA or state action if the area fails to 
meet RFP or fails to attain by its attainment date and should contain 
trigger mechanisms and an implementation schedule. In addition, they 
should be measures not already included in the SIP control strategy for 
attaining the standard and should provide for emission reductions 
equivalent to one year of RFP.
    The Kentucky attainment plan describes the contingency measures for 
the Huntington-Ashland Area as being comprised of Federal measures that 
were already in place and that would take effect automatically, without 
further action by the Commonwealth or EPA, if the Area were to fail to 
attain the standard by its attainment date. As noted in section II.C. 
of this proposed rulemaking, EPA made a determination, based on 
complete, quality-assured, quality-controlled, and certified ambient 
air monitoring data for the 2007-2009 monitoring period, that the 
Huntington-Ashland Area attained the 1997 Annual PM2.5 NAAQS 
by the applicable attainment date of April 5, 2010. Because EPA has 
determined, in accordance with CAA 179(c)(1), that the area attained by 
its required deadline, no contingency measures for failure to attain by 
this date need to be implemented. Furthermore, as set forth in the 
PM2.5 Implementation Rule, areas that attained the NAAQS by 
the attainment date are considered to have satisfied the requirement to 
show RFP, and as such do not need to implement contingency measures to 
make further progress to attainment. Since EPA has determined that the 
Area has attained by the attainment date, the contingency measures 
submitted by Kentucky are no longer necessary for the Huntington-
Ashland Area to meet RFP requirements or to attain the annual 
PM2.5 NAAQS by the attainment date.
7. Attainment Date
    Kentucky provided a demonstration of attainment of the 1997 
PM2.5 NAAQS in the Huntington-Ashland Area by no later than 
five years after the Area was designated nonattainment. In accordance 
with the PM2.5 Implementation Rule, areas such as this, 
demonstrating that they will attain the standard by April 5, 2010, 
attainment deadline, are considered to have satisfied the requirement 
to show RFP toward attainment and need not submit a separate RFP plan. 
For similar reasons, such areas are also not subject to a requirement 
for a mid-course review.

B. Insignificance Determination for the Mobile Source Contribution to 
PM2.5 and NOX Emissions

    The CAA requires federal actions in nonattainment and maintenance 
areas to ``conform to'' the goals of SIPs. See, e.g., CAA section 176. 
This means that such actions will not cause or contribute to violations 
of a NAAQS; worsen the severity of an existing violation; or delay 
timely attainment of any NAAQS

[[Page 4521]]

or any interim milestone. Actions involving Federal Highway 
Administration (FHWA) or Federal Transit Administration (FTA) funding 
or approval are subject to the transportation conformity rule (40 CFR 
part 93, subpart A). Under this rule, metropolitan planning 
organizations (MPOs) in nonattainment and maintenance areas coordinate 
with state air quality and transportation agencies, EPA, and the FHWA 
and FTA to demonstrate that their metropolitan transportation plans and 
transportation improvement programs (TIP) conform to applicable SIPs. 
This is typically determined by showing that estimated emissions from 
existing and planned highway and transit systems are less than or equal 
to the motor vehicle emissions budgets contained in a SIP.
    For motor vehicle emissions budgets to be approvable, they must 
meet, at a minimum, EPA's adequacy criteria found at 40 CFR 
93.118(e)(4). In certain instances, the Transportation Conformity Rule 
allows areas to forgo establishment of a MVEB where it is demonstrated 
that the regional motor vehicle emissions for a particular pollutant or 
precursor are an insignificant contributor to the air quality problem 
in an area. The general criteria for insignificance determinations can 
be found in 40 CFR 93.109(m). Insignificance determinations are based 
on a number of factors, including the percentage of motor vehicle 
emissions in context of the total SIP inventory; the current state of 
air quality as determined by monitoring data for the relevant NAAQS; 
the absence of SIP motor vehicle control measures; and the historical 
trends and future projections of the growth of motor vehicle emissions. 
EPA's rationale for providing for insignificance determinations is 
described in the July 1, 2004, revision to the Transportation 
Conformity Rule at 69 FR 40004.\5\ Specifically, the rationale is 
explained on page 40061 under the subsection entitled ``XXIII.B. Areas 
With Insignificant Motor Vehicle Emissions.'' Any insignificance 
determination under review of EPA is subject to the adequacy and 
approval process for EPA's action on the SIP.
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    \5\ Since the July 1, 2004, revision, 40 CFR 93.109 was again 
revised on March 24, 2010 because of the Transportation Conformity 
Rule PM2.5 and PM10 Amendments update. In the 
2004 preamble and rule, the insignificance determinations were 
outlined in 40 CFR 93.109(k). Due to renumbering of this section in 
the 2010 update, the provisions for insignificance determinations 
are now located at 40 CFR 93.109(m).
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    EPA made an insignificance finding through the transportation 
conformity adequacy process for NOX and directly emitted 
PM2.5 for the Kentucky portion of the Huntington-Ashland 
PM2.5 nonattainment area on June 18, 2010 (75 FR 34734). As 
a result of EPA's insignificance finding, the Kentucky portion of the 
Huntington-Ashland Area was no longer required to perform regional 
emissions analyses for either directly emitted PM2.5 or 
NOX as part of future PM2.5 conformity 
determinations for the 1997 Annual PM2.5 NAAQS until such 
time that EPA reviewed and took action on the Huntington-Ashland Area's 
attainment plan (the subject of today's proposed action). EPA's June 
18, 2010, insignificance finding for directly emitted PM2.5 
and NOX through the adequacy process (effective on July 6, 
2010) only relates to the Kentucky portion of the tri-state Huntington-
Ashland Area.\6\
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    \6\ In a letter dated October 23, 2009, EPA informed the State 
of Ohio that regional mobile emissions of direct PM2.5 
and NOX are insignificant for transportation conformity 
purposes as well. That insignificance determination took effect on 
December 22, 2009. EPA will review the adequacy of the West Virginia 
submittal in a separate action.
---------------------------------------------------------------------------

    When EPA makes an insignificance determination through the adequacy 
process for transportation conformity, EPA notes that an adequacy 
determination does not imply that an insignificance determination in 
the SIP (i.e., in this case the attainment plan) will ultimately be 
approved. Consistent with EPA's adequacy review of Kentucky's December 
3, 2008, attainment plan and the Agency's subsequent thorough review of 
the entire SIP submission, EPA is proposing to approve Kentucky's 
insignificance determination for the mobile source contribution of 
NOX and PM2.5 emissions to the overall 
PM2.5 emissions in the Huntington-Ashland Area. As stated 
previously, the point, area, and nonroad values for Lawrence County in 
the December 8, 2008 submittal were for the entire county, not just the 
census block that U.S.EPA designated as nonattainment. The on-road 
mobile emissions were determined specifically for the designated 
portion of Lawrence County. On May 26, 2011, at the request of EPA, the 
Commonwealth submitted updated tables to include information on point 
source emissions from the designated census block and population based 
apportionment of the area and non-road sectors to support the mobile 
source insignificance finding.
    EPA finds that Kentucky's SIP submittal meets the criteria in the 
transportation conformity rules for an insignificance finding for both 
NOX and PM2.5 contribution from motor vehicles in 
the Kentucky portion of the Huntington-Ashland Area. That is, EPA finds 
that the SIP submittal demonstrates that, for NOX and 
PM2.5, regional motor vehicle emissions are an insignificant 
contributor to the annual PM2.5 concentrations in the 
Kentucky portion of the Area. This finding is based on the following 
factors:
     Tables 8.2-3 and 8.2-5 of Kentucky's submittal, as revised 
on May 26, 2011, demonstrate that the on-road NOX and 
PM2.5 emissions in 2009 for the Kentucky portion of the Area 
are only 7.43 percent and 0.97 percent, respectively, of the total 
emissions for the Kentucky portion of the Area.
     The tables also show that mobile source emissions of 
NOX and PM2.5 are declining. Specifically, 
NOX and PM2.5 mobile emissions were projected to 
decrease by approximately 28 percent and 40 percent, respectively, 
between the 2002 and 2009. The decrease in NOX and 
PM2.5 emissions were expected during a time when the VMT 
were expected to increase by 16 percent in the Kentucky portion of the 
Area.
     There have been no SIP requirements for motor vehicles 
control measures for the Kentucky portion of the Area.
     According to the Ashland Area Metropolitan Planning 
Organization (Ashland MPO) analysis, the projected mobile source 
emissions to 2030 indicate that there is no reason to expect highway 
motor vehicle growth that would cause a violation of the 1997 Annual 
PM2.5 NAAQS.
     As described above, the area has attained the 1997 Annual 
PM2.5 standard and EPA is proposing to approve the 
attainment plan for the Kentucky portion of the area.
    As discussed above, the Area is not currently required to perform a 
regional emissions analysis for the Kentucky portion of the Huntington-
Ashland Area based on the adequacy determination for the finding that 
on-road emissions of NOX and direct PM2.5 are 
insignificant contributors to the area's PM2.5 air quality 
problem. Today EPA is proposing to approve that insignificance finding 
as part of the state's attainment plan for the Area. If finalized, such 
approval it would serve to confirm that the Kentucky portion of the 
Area is not required to perform a regional emissions analysis for 
either directly emitted PM2.5 or NOX as a part of 
future PM2.5 conformity determinations for the 1997 Annual 
PM2.5 standard.\7\ PM2.5 hot-spot

[[Page 4522]]

analysis will continue to apply for required projects under 40 CFR 
93.116 and 93.123(b) of the Transportation Conformity Rule.
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    \7\ If Kentucky submits a redesignation request and maintenance 
plan for its portion of the Huntington-Ashland WV-KY-OH 
PM2.5 nonattainment area and believes that on-road 
emissions of NOX and direct PM2.5 remain 
insignificant during the maintenance period, the maintenance plan 
will need to include information to support a finding that on-road 
emissions of NOX and direct PM2.5 continue to 
be insignificant during the maintenance period. The insignificance 
finding for the attainment demonstration does not automatically 
continue to apply to the maintenance plan.
---------------------------------------------------------------------------

    Weighing all the factors for an insignificance finding, 
particularly the minor contribution of mobile source NOX and 
PM2.5, EPA has determined that the NOX and 
PM2.5 contribution from motor vehicles emissions to the 
Annual PM2.5 pollution for the Kentucky portion of the Area 
are insignificant. EPA's insignificance finding should be considered 
and specifically noted in the transportation conformity documentation 
that is prepared for this area.
    The insignificance determination that Kentucky submitted for the 
Huntington-Ashland Area was developed with projected mobile source 
emissions derived using the MOBILE6 motor vehicle emissions model. EPA 
is proposing to approve the inventory and the insignificance 
determination because this model was the most current model available 
at the time Kentucky was performing its analysis. However, EPA has now 
issued an updated motor vehicle emissions model known as Motor Vehicle 
Emission Simulator or MOVES. In its announcement of this model, EPA 
established a two-year grace period for continued use of MOBILE6 
(extending to March 2, 2012), after which states (other than 
California) must use MOVES in conformity determinations for 
transportation plans and transportation improvement programs.

V. Proposed Action

    EPA is proposing to approve Kentucky's annual PM2.5 
attainment plan for the Kentucky portion of the Huntington-Ashland 
Area. EPA has determined that the SIP meets applicable requirements of 
the CAA, as described in the PM2.5 Implementation Rule. 
Specifically, EPA is proposing to approve Kentucky's attainment 
demonstration, including the RACM/RACT analysis; RFP analysis, base-
year and attainment-year emissions inventories; and, for transportation 
conformity purposes, an insignificance determination for 
PM2.5 and NOX for the mobile source contribution 
to ambient PM2.5 levels for the Commonwealth's portion of 
the Huntington-Ashland Area. The requirement for a RFP plan is 
satisfied because Kentucky demonstrated attainment of the 1997 
PM2.5 NAAQS in the Area by April 2010. Also, because EPA has 
determined that the Area has attained by the attainment date, the 
contingency measures submitted by Kentucky are no longer necessary for 
the Huntington-Ashland Area to meet RFP requirements or to attain the 
annual PM2.5 NAAQS by the attainment date.

VI. 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 proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the Commonwealth, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Particulate 
matter.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-1938 Filed 1-27-12; 8:45 am]
BILLING CODE 6560-50-P