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Federal Register Notice
FEDERAL REGISTER
VOL. 59, No. 241
Proposed Rules
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
[KY-069-6105; FRL-5123-2]
Proposed Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Commonwealth of Kentucky
59 FR 65000
DATE: Friday, December 16, 1994
ACTION: Proposed rule.
SUMMARY: On November 12, 1993, the Commonwealth of Kentucky through the Natural Resources and Environmental Protection Cabinet (Cabinet) submitted a maintenance plan and a request to redesignate the Kentucky portion of the Ashland-Huntington nonattainment area from nonattainment to attainment for ozone. The Kentucky portion of the moderate ozone nonattainment area includes Boyd County and a portion of Greenup County. On November 12, 1992, West Virginia requested to redesignate their portion of the Ashland- Huntington nonattainment area and action is being taken by Region 3 in a separate notice. Under the Clean Air Act, designations can be changed if sufficient data are available to warrant such changes. In this action, EPA is proposing to approve the Commonwealth of Kentucky's submittal because it will meet the maintenance plan and redesignation requirements. The approved maintenance plan will become a federally enforceable part of Kentucky's State Implementation Plan (SIP) for the moderate nonattainment area. In this action, EPA ia also proposing to approve the Commonwealth of Kentucky's 1990 baseline emissions inventory because it meets EPA's requirements regarding the approval on baseline emission inventories.
DATES: To be considered, comments must be received by January 17, 1995.
ADDRESSES: Written comments on this action should be addressed to Scott Southwick, at the EPA Regional Office listed.
Copies of the documents relative to this action are available for public inspection during normal business hours at the following locations. The interested persons wanting to examine these documents should make an appointment with the appropriate office at least 24 hours before the visiting day.
Environmental Protection Agency, Region 4 Air Programs Branch, 345 Courtland Street, NE., Atlanta, Georgia 30365.
Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet, Department for Environmental Protection, Division for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning and Development Section, Air Programs Branch, Air, Pesticides & Toxics Management Division, Region 4 Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 404/347-3555 extension 4207. Reference file KY-069-6105.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1)(C), EPA designated Boyd County of the Ashland- Huntington area as nonattainment by operation of law with respect to ozone because the area was designated nonattainment immediately before November 15, 1990. The nonattainment area was expanded to include portions of Greenup County per section 107(d)(1)(A)(i) (See 56 FR 56694 (Nov. 6, 1991) and 57 FR 56762 (Nov. 30, 1992), codified at 40 CFR 81.318.) The area was classified as moderate.
The moderate nonattainment area more recently has ambient monitoring data that show no violations of the ozone National Ambient Air Quality Standard (NAAQS), during the period from 1991 through 1993. Therefore, in an effort to comply with the CAA and to ensure continued attainment of the NAAQS, on November 12, 1993, the Commonwealth of Kentucky submitted for parallel processing an ozone maintenance plan and requested redesignation of the area to attainment with respect to the ozone NAAQS and EPA found the request complete. On July 21, 1994, the Commonwealth revised the maintenance plan to address public comments, and EPA comments dated December 16, 1993, and May 5, 1994.
On February 7, 1994, Region 4 determined that the information received from the Cabinet constituted a complete redesignation request under the general completeness criteria of 40 CFR part 51, appendix V, sections 2.1 and 2.2. However, for purposes of determining what requirements are applicable for redesignation purposes, EPA believes it is necessary to identify when the Cabinet first submitted a redesignation request that meets the completeness criteria. EPA noted in a previous policy memorandum that parallel processing requests for submittals under the amended CAA, including redesignation submittals, would not be determined complete. See "State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (Act) Deadlines," Memorandum from John Calcagni to Air Programs Division Directors, Regions I-X, dated October 28, 1992 (Memorandum). The rationale for this conclusion was that the parallel processing exception to the completeness criteria (40 CFR part 51, appendix V, section 2.3) was not intended to extend statutory due dates for mandatory submittals. (See Memorandum at 3-4). However, since requests for redesignation are not mandatory submittals under the CAA, EPA changed its policy with respect to redesignation submittals to conform to the existing completeness criteria. Therefore, EPA believes the parallel processing exception to the completeness criteria may be applied to redesignation request submittals, at least until such time as the EPA decides to revise that exception (See 58 FR 38108 "Approval and Promulgation of Maintenance Plan and Designation of Areas for Air Quality Planning Purposes for Carbon Monoxide, State of New York" published July 15, 1993, and "State Implementation Plans (SIP) Actions submitted in Response to Clean Air Act (CAA) Deadlines," Memorandum from John Calcagni to Air Program Directors, Region I-X, dated October 28, 1992).
The Kentucky redesignation request for the Ashland moderate ozone nonattainment area meets the five requirements of section 107(d)(3)(E) for redesignation to attainment. The following is a brief description of how the Commonwealth of Kentucky has fulfilled each of these requirements. Because the maintenance plan is a critical element of the redesignation request, EPA will discuss its evaluation of the maintenance plan under its analysis of the redesignation request.
1. The Area Must Have Attained the Ozone NAAQS
The Commonwealth of Kentucky's request is based on an analysis of quality assured ambient air quality monitoring data which is relevant to the maintenance plan and to the redesignation request. Most recent ambient air quality monitoring data for calendar year 1991 through calendar year 1993 show an expected exceedance rate of less than 1.0 per year of the ozone NAAQS in the nonattainment area (See 40 CFR 50.9 and appendix H). The area has continued to demonstrate attainment to date. Because the nonattainment area has complete quality-assured data showing no violations of the standard over the most recent consecutive three calendar year period, the area has met the first component of attainment of the ozone NAAQS. The Commonwealth of Kentucky has also met the second component of attainment of the ozone NAAQS by committing to continue monitoring the moderate nonattainment area in accordance with 40 CFR part 58.
2. The Area Has Met All Applicable Requirements Under Section 110 and Part D of the CAA
On January 25, 1980, August 7, 1981, November 24, 1981, November 30, 1981, and March 30, 1983, EPA fully approved Kentucky's SIP as meeting the requirements of section 110(a)(2) and part D of the 1977 CAA (45 FR 6092, 46 FR 40188, 46 FR 57486, 46 FR 58080, and 48 FR 13168). The approved control strategy did not result in attainment of NAAQS for ozone. Additionally, the amended CAA revised section 182(a)(2)(A), 110(a)(2) and, under part D, revised section 172 and added new requirements for all nonattainment areas. Therefore, for purposes of redesignation, to meet the requirement that the SIP contain all applicable requirements under the CAA, EPA reviewed the Kentucky SIP and ensures that it contains all measures due under the amended CAA prior to or at the time the Commonwealth of Kentucky submitted its redesignation request.
A. Section 110 Requirements
Although section 110 was amended by the CAA, the Kentucky SIP for the moderate nonattainment area meets the requirements of amended section 110(a)(2). A number of the requirements did not change in substance and, therefore, EPA believes that the pre-amendment SIP met these requirements. EPA has analyzed the SIP and determined that it is consistent with the requirements of amended section 110(a)(2).
B. Part D Requirements
Before the moderate nonattainment area may be redesignated to attainment, the Commonwealth must have fulfilled the applicable requirements of part D. Under part D, an area's classification indicates the requirements to which it will be subject. Subpart 1 of part D sets forth the basic nonattainment requirements applicable to all nonattainment areas, classified as well as nonclassifiable. Subpart 2 of part D establishes additional requirements for ozone nonattainment areas classified under table 1 of section 181(a). The Ashland-Huntington nonattainment area is classified as moderate (See 56 FR 56694, codified at 40 CFR 81.318). The Commonwealth of Kentucky submitted the request for redesignation of the moderate nonattainment area on November 12, 1993. Therefore, in order to be redesignated to attainment, the Commonwealth of Kentucky must meet the applicable requirements of subpart 1 of part D, specifically sections 172(c) and 176, and is also required to meet the applicable requirements of subpart 2 of part D, specifically sections 182(a) and (b).
a. Subpart 1 of Part D
Under section 172(b), the section 172(c) requirements are applicable as determined by the Administrator, but no later than three years after an area has been designated to nonattainment. EPA had not determined that these requirements were applicable to classified ozone nonattainment areas on or before November 12, 1993, the date that the Commonwealth of Kentucky submitted a complete redesignation request for the Kentucky portion of the Ashland-Huntington nonattainment area. Therefore, the Commonwealth was not required to meet these requirements for purposes of redesignation. Upon the redesignation of this area to attainment, the prevention of significant deterioration (PSD) provisions contained in part C of title I are applicable. On January 25, 1978, September 1, 1989, November 6, 1989, November 13, 1989, November 28, 1989, February 7, 1990, and June 23, 1994, the EPA approved revisions to the Commonwealth of Kentucky's PSD program (43 FR 3360, 54 FR 36307, 54 FR 46613, 54 FR 47211, 54 FR 488887, 55 FR 4169 and 59 FR 32343).
Section 176(c) of the CAA requires States to revise their SIPs to establish criteria and procedures to ensure that Federal actions, before they are taken, conform to the air quality planning goals in the applicable state SIP. The requirement to determine conformity applies to transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. or the Federal Transit Act ("transportation conformity"), as well as to all other Federal actions ("general conformity"). Section 176 further provides that the conformity revisions to be submitted by states must be consistent with Federal conformity regulations that the CAA required EPA to promulgate. Congress provided for the state revisions to be submitted one year after the date for promulgation of final EPA conformity regulations. When that date passed without such promulgation, EPA's General Preamble for the implementation of Title I informed states that its conformity regulations would establish a submittal date [see 57 FR 13498t 13557 (April 16, 1992)].
The EPA promulgated final transportation conformity regulations on November 24, 1993 (58 FR 62188) and general conformity regulations on November 30, 1993 (58 FR 63214). These conformity rules require that states adopt both transportation and general conformity provisions in the SIP for areas designated nonattainment or subject to a maintenance plan approved under CAA Section 175A. Pursuant to section 51.396 of the transportation conformity rule and section 51.851 of the general conformity rule, the Commonwealth of Kentucky is required to submit SIP revisions containing transportation and general conformity criteria and procedures consistent with those established in the Federal rule by November 25, 1994 and December 1, 1994, respectively. Because the deadlines for these submittals have not yet come due, they are not applicable requirements under section 107(d)(3)(E)(V) and, thus, do not affect approval of this redesignation request.
On July 21, 1994, the Commonwealth of Kentucky revised their maintenance plan to commit to revise the SIP by November 25, 1994, to be consistent with the final Federal regulations on conformity. In addition, the Division for Air Quality and the Kentucky Transportation Cabinet are cooperating in adopting regulations consistent with the final conformity regulation.
b. Subpart 2 of Part D-Section 182
The CAA was amended on November 15, 1990, Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. EPA was required to classify ozone nonattainment areas according to the severity of their problem. On November 6, 1991 (56 FR 56694), the Ashland-Huntington metropolitan statistical area (MSA) was designated as moderate ozone nonattainment. Because the Ashland-Huntington area is a moderate ozone nonattainment area, it is required to have met the requirements of sections 182(a), (b) and (f) of the CAA. EPA has analyzed the SIP and determined which requirements have been met and for which requirements further action is required. In the instances where further action is required, SIP revisions meeting those requirements must be fully approved in order for EPA to find that all the applicable requirements of the CAA have been met. Thus, final approval of this redesignation is contingent upon the final approval of the additional SIP submittals described below.
(1) Section 182(a)(1)-Emissions Inventory. Section 182(a)(1) of the CAA required an inventory of all actual emissions from all sources, as described in section 172(c)(3) to be submitted by November 15, 1992. On November 13, 1992, the Cabinet submitted an emission inventory on the Ashland-Huntington area. The Cabinet submitted revisions on October 15, 1993, and July 8, 1994, addressing EPA comments. EPA is proposing to approve the inventory in this notice. Final approval of this redesignation is contingent on final approval of the emissions inventory.
(2) Section 182(a)(2), 182(b)(2)-Reasonably Available Control Technology (RACT). Subsequent to the 1977 Clean Air Act Amendments, Boyd county was designated as not meeting the ozone NAAQS on March 3, 1978 (43 FR 8962). The Commonwealth was subsequently required to revise its ozone SIP for this area to meet the requirements of section 110(a)(2) and part D of the 1977 Clean Air Act. On January 25, 1980, August 7, 1981, November 24, 1981, November 30, 1981, and March 30, 1983, EPA fully approved Kentucky's SIP as meeting the requirements of section 110(a)(2) and part D of the 1977 CAA (45 FR 6092, 46 FR 40188, 46 FR 57486, 46 FR 58080, and 48 FR 13168). On December 31, 1987, EPA deemed that this control strategy had not resulted in the attainment of the NAAQS for ozone in the Ashland-Huntington area. Consequently, Greer C. Tidwell, Region 4 Regional Administrator, sent a letter to Wallace G. Wilkinson, Governor of Kentucky, on May 26, 1988. This letter, pursuant to section 110(a)(2)(H) of the 1977 CAA, notified Kentucky that the SIP was substantially inadequate to achieve the NAAQS for ozone in Ashland-Huntington and called upon the Commonwealth to revise the SIP.
The 1990 CAA amended section 182(a)(2)(A), and Congress statutorily adopted the requirement that ozone nonattainment areas correct their deficient RACT rules for ozone (RACT Fix-ups). Areas designated nonattainment before amendment of the CAA and which retained that designation and were classified as marginal or above as of enactment are required to meet the RACT Fix-ups requirement. Under section 182(a)(2)(A), those areas were required by May 15, 1991, to correct RACT regulations as required under pre-amendment guidance. n1 The SIP call letters interpreted that guidance and indicated corrections necessary for specific nonattainment areas. Ashland-Huntington was previously subject to RACT requirements for ozone. Therefore, this area is subject to the RACT fix-up requirement and the May 15, 1991, deadline.
n1 Among other things, the pre-amendment guidance consists of the VOC RACT portions of the Post-87 policy, 52 FR 45044 (Nov. 24, 1987); the Bluebook, "Issues Relating to VOC Regulation Cutpoints, Deficiencies and Deviations, Clarification to Appendix D of November 24, 1987 Federal Register Notice" (of which notice of availability was published in the Federal Register on May 25, 1988); and the existing Control Technology Guidelines (CTGs).
The 1990 CAA also amended section 182(b)(2) which required RACT on all major sources of VOCs for ozone nonattainment areas designated moderate and above (RACT Catch-ups) by November 15, 1992. The RACT Catch-ups provision required the state to submit a revision to the SIP to implement RACT on: (1) each category of VOC sources in the area covered by a CTG document issued between the enactment of the CAA and the date of attainment; (2) all VOC sources in the area covered by any CTG issued before the date of the CAA; and (3) all other major stationary sources of VOCs that are located in the area.
Kentucky failed to meet the May 15, 1991, deadline date for RACT fix-ups and EPA notified the Commonwealth on June 25, 1991, that a finding of failure to submit had been made. This finding of failure to submit was published on October 22, 1991 (56 FR 54554), triggering the: (1) 18-month time clock for mandatory application of sanctions under section 179(a); (2) the Administrator's discretionary authority to impose sanctions under section 110(m); and (3) the 2-year time clock for promulgation of the Federal Implementation Plan (FIP) VOC regulations for this area as required by section 110(c)(1).
The 18-month period prior to application of mandatory sanctions ended on April 22, 1993. Kentucky submitted SIP revisions through the Cabinet to EPA on February 12, 1992, October 20, 1992, February 17, 1993, and March 4, 1993, all prior to the April 22, 1993, deadline. Because the revisions addressed all RACT Fix-up deficiencies and were found to contain all required administrative and technical components, the 18-month time clock for mandatory application of sanctions under section 179(a) was stopped. A Federal Register approving the SIP revision submitted on February 12, 1992, was published on October 22, 1993 (58 FR 54516). A Federal Register approving the SIP revisions submitted on October 20, 1992, February 17, 1993, and March 4, 1993, was published on June 23, 1994 (59 FR 32343).
The February 12, 1992, October 20, 1992, February 17, 1993, and March 4, 1993, submittals also addressed all of the RACT Catch-up requirements except the requirement of RACT on all other major stationary sources of VOC that are located in the area, i.e., all sources that are not covered by a CTG. There is one source in the Ashland-Huntington area that is not covered by a CTG. This source will be subject to a source specific SIP revision requiring VOC RACT. Action on this SIP revision will be under a separate notice on or before final action is taken on this redesignation request. The approval of this redesignation request is contingent upon the approval of this source specific SIP revision.
(3) Section 182(a)(3)-Emissions Statements. Section 182(a)(3) of the CAA required that the SIP be revised by November 15, 1992, to require stationary sources of oxides of nitrogen (NOx) and VOCs to provide the state with a statement showing actual emission each year. On January 15, 1993, the Cabinet submitted an emission statement rule. The Cabinet will submit revisions to the emission statement rule to address EPA comments. Action on this SIP revision will be under a separate notice on or before final action is taken on this redesignation request. Final approval of this redesignation is contingent on final approval of the emissions statement rule.
(4) Section 182(b)(1)-15% Progress Plans. Section 182(b)(1) of the CAA required states to submit a revision to the SIP by November 15, 1993, to provide for VOC emission reductions by November 15, 1996, of at least 15% from baseline emissions accounting for any growth in emissions after the date of enactment of the CAA. The Commonwealth failed to submit the required revisions and as a result, on April 1, 1994, EPA issued a finding letter notifying Kentucky of a finding of failure to submit. This finding of failure to submit triggered the: (1) 18-month time clock for mandatory application of sanctions under section 179(a); (2) the Administrator's discretionary authority to impose sanctions under section 110(m); and (3) the 2-year time clock for promulgation of the FIP 15% regulations for this area as required by section 110(c)(1). However, the letter acknowledges the submittal of this redesignation request to attainment and stated that if the redesignation request to attainment is approved then requirements for a 15% plan SIP will be unnecessary for the Ashland-Huntington area. Therefore, upon approval of this redesignation request, the sanctions clock will stop. As the requirement to submit a 15% plan did not come due until November 15, 1993, the 15% plan requirement is not an applicable requirement for purposes of the evaluation of this redesignation request.
(5) Section 182(b)(3)-Stage II. Section 182(b)(3) of the CAA required moderate areas to implement Stage II gasoline vapor recovery systems unless and until EPA promulgated onboard vapor recovery (OBVR) regulations. On January 24, 1994, EPA promulgated the OBVR rule, and, as section 202(a)(b) of the CAA provides that once the rule is promulgated, moderate areas are no longer required to implement Stage II. Thus, the Stage II vapor recovery requirement of section 182(b)(3) is no longer an applicable requirement.
(6) Section 182(b)(4)-Motor Vehicle Inspection and Maintenance (I/M). The CAA required all moderate and above areas to revise the SIP to include provisions necessary to provide for a vehicle inspection and maintenance program. The Commonwealth failed to submit the required revisions and as a result, on April 1, 1994, EPA issued a finding letter notifying Kentucky of a finding of failure to submit. This finding of failure to submit triggered the: (1) 18-month time clock for mandatory application of sanctions under section 179(a); (2) the Administrator's discretionary authority to impose sanctions under section 110(m); and (3) the 2-year time clock for promulgation of the FIP I/M regulations for this area as required by section 110(c)(1). However, the letter acknowledges the submittal of this redesignation request to attainment and stated that if the redesignation request to attainment is approved then requirements for an I/M SIP will be necessary for the Ashland-Huntington area only as a contingency measure. Therefore, when this redesignation request is approved, the sanctions clock will stop and the program will be a contingency measure in the maintenance plan.
(7) Section 182(b)(5)-New Source Review (NSR). The CAA required all classified nonattainment areas to meet several requirements regarding NSR, including provisions to ensure that increased emissions of VOCs compounds will not result from any new or major source modifications and a general offset rule. The Cabinet submitted a NSR rule on February 17, 1993, to incorporate VOC and NOx permit review requirements for new and modified sources in Kentucky's ozone nonattainment areas. The revised permit requirements meet new offset ratios and additional provisions for moderate ozone nonattainment areas. This rule was approved by EPA on June 23, 1994 (59 FR 32343). (EPA notes that under the policy announced in the memorandum, "Part D New Source Review (part D NSR) Requirements for Areas Requesting Redesignation to Attainment", dated October 14, 1994, from Mary D. Nichols to Air Division Directors I-X, approval of the NSR submittal is not necessarily required for approval of a redesignation.)
(8) Section 182(f)-Oxides of Nitrogen (NOx) requirements. Section 182(f) of the CAA requires states with areas designated nonattainment for ozone and classified as moderate and above to impose the same control requirements for major stationary sources of NOx as apply to major stationary sources of volatile organic compounds (VOCs). These control requirements, NOx RACT and NOx NSR, were to be submitted to EPA in a SIP revision by November 15, 1992. EPA adopted a policy pursuant to section 110(k)(4) of the CAA to conditionally approve NOx RACT SIPs which committed to provide EPA with specific enforceable measures within one year of the date of approval of the commitment. EPA's committal SIP policy was challenged in Natural Resources Defense Council v. Browner-in the United States Court of Appeals for the District of Columbia Circuit. In a full Opinion, dated May 6, 1994, the Court found that EPA's conditional approval interpretation exceeded the EPA's statutory authority, but concluded that "EPA properly extended" to November 15, 1993, the deadline for submittal of fully enforceable NOx RACT SIPs. As a result of this court case, the deadline to submit NOx RACT rules was November 15, 1993. Therefore, because that date is after the Commonwealth submitted the redesignation request, NOx RACT is not an applicable requirement for this redesignation request.
3. The Area Has a Fully Approved SIP Under Section 110(k) of the CAA
Based on the approval of provisions under the pre-amended CAA and EPA's prior approval of SIP revisions under the amended CAA, EPA has determined that Kentucky will have a fully approved ozone SIP under section 110(k) for the moderate nonattainment area when EPA approves SIP submissions regarding the emissions inventory, VOC RACT for stationary sources not covered by a CTG, and emission statements. Final action will be taken prior to or at the same time as final approval of this redesignation.
4. The Air Quality Improvement Must Be Permanent and Enforceable
Several control measures have come into place since the Ashland- Huntington nonattainment area violated the ozone NAAQS. Of these control measures, the reduction of fuel volatility from 10.5 psi in 1988 to 9.0 psi in 1992, as measured by the Reid Vapor Pressure (RVP), and fleet turnover due to the Federal Motor Vehicle Control Program (FMVCP) produced the most significant decreases in VOC emissions. The table below lists the actual enforceable emission reductions which are responsible for the recent air quality improvement in the Kentucky portion of the nonattainment area. The VOC emissions in the base year are not artificially low due to a depressed economy. The technical support document (TSD) contains additional information on these reductions.
Reductions in VOC and NOx Emissions From 1990 to 1993 VOC (tpd) NOx (tpd) 3.88 0.28
5. The Area Must Have a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA
Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. The plan must demonstrate continued attainment of the applicable NAAQS for at least ten years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan which demonstrates attainment for the ten years following the initial ten-year period. To provide for the possibility of future NAAQS violations, the maintenance plan must contain contingency measures, with a schedule for implementation, adequate to assure prompt correction of any air quality problems.
In this notice, EPA is proposing approval of the Commonwealth of Kentucky's maintenance plan for the Ashland-Huntington nonattainment area because EPA finds that the Commonwealth of Kentucky's submittal meets the requirements of section 175A.
A. Emissions Inventory-Base Year Inventory
On November 13, 1992, the Commonwealth of Kentucky submitted comprehensive inventories of VOC, NOx, and CO emissions from the Ashland-Huntington nonattainment area. The inventory included biogenic, area, stationary, and mobile sources using 1990 as the base year for calculations to demonstrate maintenance. The 1990 inventory was projected to a 1993 attainment inventory using population growth rates. The 1993 inventory can serve as an attainment inventory because the ozone NAAQS was not violated during the 1993 year. The CO and the biogenic VOC values are included as a part of the 1990 base year emission inventory.
The Commonwealth of Kentucky submittal contains the detailed inventory data and summaries by county and source category. Finally, this inventory was prepared in accordance with EPA guidance. A summary of the base year and projected maintenance year inventories are included in this notice for VOCs and NOx. Refer to the TSD accompanying this notice for more in-depth details regarding the base year inventory for the Ashland- Huntington nonattainment area. This notice proposes approval of the base year inventory for the Ashland-Huntington area.
CO Emission Inventory Summary for 1990 [Tons per day]
Point Area Mobile
Emissions for 1990 133.03 2.41 59.90
Non-Road Total
Emissions for 1990 14.42 209.76
Biogenic Emission Inventory Summary for 1990 [Tons per day]
Biogenic
Emissions for 1990 23.60
B. Demonstration of Maintenance-Projected Inventories
As summarized in the following tables, totals for VOC, and NOx emissions were projected from the 1990 base year, to the 1993 attainment year and out to 2005. These projected inventories were prepared in accordance with EPA guidance. Refer to EPA's TSD accompanying this notice for more in-depth details regarding the projected inventory for the Ashland-Huntington nonattainment area.
Kentucky Portion of the Ashland-Huntington VOC Projection Inventory Summary
[Tons per day]
1990 base 1993 attain 1996 proj
base
Point 34.81 33.79 34.12
Area 3.8 3.9 3.68
Mobile 12.43 8.60 8.55
Total 51.04 46.29 46.35
1999 proj 2002 proj 2005 proj
Point 34.10 34.10 34.10
Area 4.09 4.12 4.20
Mobile 9.40 7.95 7.86
Total 47.60 46.17 46.16
Kentucky Portion of the Ashland-Huntington NOx Projection Inventory Summary
[Tons per day]
1990 base 1993 attain 1996 proj
base
Point 25.71 25.59 25.77
Area 0.18 0.18 0.18
Mobile 7.71 7.40 7.51
Total 33.60 33.17 33.46
1999 proj 2002 proj 2005 proj
Point 25.78 25.78 25.79
Area 0.18 0.18 0.17
Mobile 7.82 7.13 7.11
Total 33.78 33.09 33.08
Projections indicate that there was an emissions decrease in VOCs and NOx in the nonattainment area from the 1993 attainment baseyear to 2005. However, the projections show a temporary increase in NOx emissions of less than 2%. EPA believes this increase to be insignificant, and therefore, EPA believes that these emissions projections demonstrate that the nonattainment area will continue to maintain the ozone NAAQS.
C. Verification of Continued Attainment
Continued attainment of the ozone NAAQS in the nonattainment area depends, in part, on the Commonwealth of Kentucky's efforts toward tracking indicators of continued attainment during the maintenance period. The Cabinet will develop periodic emission inventories every three years beginning in 1996 and will evaluate these periodic inventories to see if they exceed the baseline emission inventory by more than 10%. If a 10% exceedance occurs, the state will evaluate existing control measures to see if any further emission reduction measures should be implemented.
The Commonwealth of Kentucky's contingency plan can also be triggered by an air quality exceedance. If an exceedance occurs, the Commonwealth will evaluate existing control measures to see if any further emission reduction measures should be implemented. The Commonwealth of Kentucky contingency plan will be triggered in the event of a monitored violation of the ozone standard. The Commonwealth then commits to adopt within a six months, one or more of the contingency measures listed in the contingency plan. The Commonwealth has also committed to operate the air monitoring network in accordance to 40 CFR 58 with no reductions in the existing network. Refer to the TSD accompanying this notice for a more complete discussion of the indicators the Commonwealth is tracking and the contingency measures.
D. Contingency Plan
The level of VOC and NOx emissions in the nonattainment area will largely determine its ability to stay in compliance with the ozone NAAQS in the future. Despite the Commonwealth's best efforts to demonstrate continued compliance with the NAAQS, the ambient air pollutant concentrations may exceed or violate the NAAQS. Therefore, the Commonwealth of Kentucky has provided contingency measures with a schedule for implementation in the event of a future ozone air quality problem. The plan contains the following possible contingency measures: (1) Petition EPA to opt into reformulated gasoline (RFG), (2) Inspection and maintenance (I/M), and (3) Stage II. In addition to these contingency measures, the Commonwealth will consider other miscellaneous options. A complete description of these contingency measures and their trigger can be found in the TSD accompanying this notice. EPA finds that the contingency measures provided in the Commonwealth of Kentucky's submittal meet the requirements of section 175A(d) of the CAA.
E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the CAA, the Commonwealth of Kentucky has agreed to submit a revised maintenance SIP eight years after the nonattainment area redesignates to attainment. Such revised SIP will provide for maintenance for an additional ten years.
Proposed Action
EPA proposes approval of the Commonwealth of Kentucky's request to redesignate to attainment the Kentucky portion of the Ashland-Huntington moderate ozone nonattainment area and maintenance plan contingent upon a full and final approval of the outstanding requirements discussed above (emission statement and a source specific SIP revision requiring VOC RACT on a non-CTG major VOC source). EPA also proposes to approve the 1990 baseyear inventory for the Kentucky portion of the Ashland-Huntington nonattainment area.
The OMB has exempted these actions from review under Executive Order 12866.
Nothing in this action shall be construed as permitting or allowing or establishing a precedent for any future request for a revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.
Redesignation of an area to attainment under section 107(d)(3)(E) of the CAA does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any regulatory requirements on sources. The Administrator certifies that the approval of the redesignation request will not affect a substantial number of small entities.
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: December 8, 1994.
Patrick M. Tobin, Acting Regional Administrator.
[FR Doc. 94-30949 Filed 12-15-94; 8:45 am]
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