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[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79593-79604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32819]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

 [EPA-R05-OAR-2011-0468; FRL-9610-4]

Approval, and Promulgation of Air Quality Implementation Plans; 
Ohio; Redesignation of the Ohio Portion of the Huntington-Ashland Area 
to Attainment of the 1997 Annual Standard for Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 4, 2011, the Ohio Environmental Protection Agency 
submitted a request for EPA to approve the redesignation of the Ohio 
portion of the Huntington-Ashland (OH-KY-WV) nonattainment area to 
attainment of the 1997 annual standard for fine particulate matter 
(PM2.5). EPA is proposing to approve Ohio's request. EPA is 
proposing to approve several additional related actions. EPA is 
proposing to determine that the entire Huntington-Ashland (OH-KY-WV) 
area continues to attain the 1997 annual PM2.5 standard. EPA 
is proposing to approve, as revisions to the Ohio State Implementation 
Plan (SIP), the state's plan for maintaining the 1997 annual 
PM2.5 NAAQS through 2022 in the area. EPA is proposing to 
approve the 2005 emissions inventory for the Ohio portion of the 
Huntington-Ashland area as meeting the comprehensive emissions 
inventory requirement of the Clean Air Act (CAA or Act). Ohio's 
maintenance plan submission includes an insignificance finding for the 
mobile source contribution of PM2.5 and nitrogen oxides 
(NOX) to Ohio's portion of the Huntington-Ashland 
PM2.5 Area for transportation conformity purposes. EPA 
agrees with this finding. These proposed actions are being taken in 
accordance with the CAA and EPA's implementation regulation regarding 
the 1997 p.m.2.5 NAAQS.

DATES: Comments must be received on or before January 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2011-0468, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: blakley.pamela@epa.gov.
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section (AR-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies Section 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted 
during the Regional Office normal hours of operation, and special 
arrangements should be made for deliveries of boxed information. The 
Regional Office official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2011-0468. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://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 instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Carolyn Persoon, 
Environmental Engineer, at (312) 353-8290 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@epa.gov.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What actions is EPA proposing to take?
III. What is the background for these actions?
IV. What are the criteria for redesignation to attainment?
V. What is EPA's analysis of the state's request?
    1. Attainment
    2. The Area Has Met All Applicable Requirements Under Section 
110 and Part D and Has a Fully Approved SIP Under Section 110(k) 
(Sections 107(d)(3)(E)(v) and 107(d)(3)(E)(ii)).
    3. The Improvement in Air Quality Is Due to Permanent and 
Enforceable Reductions in Emissions Resulting From Implementation of 
the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions (Section 
107(d)(3)(E)(iii))
    4. Ohio Has a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the CAA (Section 107(d)(3)(E)(iv))
    5. Insignificance Determination for the Mobile Source 
Contribution to PM2.5 and NOX
    6. 2005 Comprehensive Emissions Inventory
    7. Summary of Proposed Actions
VI. What are the effects of EPA's proposed actions?
VII. Statutory and Executive Order Reviews

[[Page 79594]]

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What actions is EPA proposing to take?

    EPA is proposing to take several actions related to redesignation 
of the Ohio portion of the Huntington-Ashland area to attainment for 
the 1997 annual PM2.5 NAAQS. EPA is proposing to find that 
Ohio meets the requirements for redesignation of the Huntington-Ashland 
area to attainment of the 1997 PM2.5 NAAQS under section 
107(d)(3)(E) of the CAA. EPA is thus proposing to approve Ohio's 
request to change the legal designation of its portion of the 
Huntington-Ashland area from nonattainment to attainment for the 1997 
annual PM2.5 NAAQS. This action would not change the legal 
designation of the Kentucky or West Virginia portions of the area.
    Second, EPA is proposing to approve Ohio's annual PM2.5 
maintenance plan for the Huntington-Ashland area as a revision to the 
Ohio SIP, including the insignificance determination for 
PM2.5 and NOX for the mobile source contribution 
of the Ohio portion of the Huntington-Ashland OH-KY-WV 1997 annual 
PM2.5 area. EPA's analysis for this proposed action is 
discussed in Section V. of today's proposed rulemaking.
    Finally, EPA is proposing to approve the 2005 primary 
PM2.5, nitrogen oxide and sulfur dioxide (SO2) 
emissions inventories as satisfying the requirement in section 
172(c)(3) for a current, accurate and comprehensive emission inventory. 
Further discussion of the basis for these actions is provided below.

III. What is the background for these actions?

    Fine particulate pollution can be emitted directly from a source 
(primary PM2.5) or formed secondarily through chemical 
reactions in the atmosphere involving precursor pollutants emitted from 
a variety of sources. Sulfates are a type of secondary particulate 
formed from SO2 emissions from power plants and industrial 
facilities. Nitrates, another common type of secondary particulate, are 
formed from combustion emissions of NOX from power plants, 
mobile sources, and other combustion sources.
    The first air quality standards for PM2.5 were 
promulgated on July 18, 1997, at 62 FR 38652. EPA promulgated an annual 
standard at a level of 15 micrograms per cubic meter ([mu]g/m\3\) of 
ambient air, based on a three-year average of the annual mean 
PM2.5 concentrations at each monitoring site. In the same 
rulemaking, EPA promulgated a 24-hour PM2.5 standard at 65 
[mu]g/m\3\, based on a three-year average of the annual 98th percentile 
of 24-hour PM2.5 concentrations at each monitoring site.
    On January 5, 2005, at 70 FR 944, EPA published air quality area 
designations for the 1997 annual PM2.5 standard based on air 
quality data for calendar years 2001-2003. In that rulemaking, EPA 
designated the Huntington-Ashland (OH-KY-WV) area, as nonattainment for 
the 1997 annual PM2.5 standard.
    On October 17, 2006, at 71 FR 61144, EPA retained the annual 
PM2.5 standard at 15 [mu]g/m\3\ (2006 annual 
PM2.5 standard), but revised the 24-hour standard to 35 
[mu]g/m\3\, based again on the three-year average of the annual 98th 
percentile of the 24-hour PM2.5 concentrations. In response 
to legal challenges of the 2006 annual PM2.5 standard, the 
U.S. Court of Appeals for District of Columbia Circuit (DC Circuit) 
remanded this standard to EPA for further consideration. See American 
Farm Bureau Federation and National Pork Producers Council, et al. v. 
EPA, 559 F.3d 512 (DC Cir. 2009). However, given that the 1997 and 2006 
annual PM2.5 standards are essentially identical, attainment 
of the 1997 annual PM2.5 standard would also indicate 
attainment of the remanded 2006 annual standard. Since the Huntington-
Ashland area is designated as nonattainment for the 1997 annual 
PM2.5 standard, today's proposed action addresses 
redesignation to attainment only for this standard.
    On September 7, 2011, EPA issued a final determination that the 
entire Huntington-Ashland area has attained the 1997 PM2.5 
standard. 76 FR 55542.

IV. What are the criteria for redesignation to attainment?

    The CAA sets forth the requirements for redesignating a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) of 
the CAA allows for redesignation provided that: (1) The Administrator 
determines that the area has attained the applicable NAAQS based on 
current air quality data; (2) the Administrator has fully approved an 
applicable state implementation plan for the area under section 110(k) 
of the CAA; (3) the Administrator determines that the improvement in 
air quality is due to permanent and enforceable emission reductions 
resulting from implementation of the applicable SIP, Federal air 
pollution control regulations, and other permanent and enforceable 
emission reductions; (4) the Administrator has fully approved a 
maintenance plan for the area meeting the requirements of section 175A 
of the CAA; and (5) the state containing the area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.

V. What is EPA's analysis of the State's request?

    EPA is proposing to approve the redesignation of the Ohio portion 
of the Huntington-Ashland area to attainment of the 1997 annual 
PM2.5 NAAQS and is proposing to approve Ohio's maintenance 
plan for the area and other related SIP revisions. The bases for these 
actions follow.

1. Attainment

    As noted above, in a rulemaking published on September 7, 2011, EPA 
determined that the Huntington-Ashland area has attained the 1997 
annual PM2.5 NAAQS. The basis and effect of this 
determination were discussed in the notices of proposed and final 
rulemaking. The determination was based on quality-assured air quality 
monitoring data for 2007-2009 and 2008-2010 showing the area has met 
the standard. The data have been certified by the respective states.
    Preliminary data for 2011 are consistent with continued attainment, 
and thus EPA proposes to determine that the Huntington-Ashland area

[[Page 79595]]

continues to attain the 1997 annual PM2.5 standard.

2. The Area Has Met All Applicable Requirements Under Section 110 and 
Part D and Has a Fully Approved SIP Under Section 110(k) (Sections 
107(d)(3)(E)(v) and 107(d)(3)(E)(ii))

    We believe that Ohio has met all currently applicable SIP 
requirements for purposes of redesignation for the Ohio portion of the 
Huntington-Ashland area under section 110 of the CAA (general SIP 
requirements). We are also proposing to find that the Ohio SIP meets 
all SIP requirements currently applicable for purposes of redesignation 
under part D of title I of the CAA, in accordance with section 
107(d)(3)(E)(v). In addition, with the exception of the emissions 
inventory under section 172(c)(3), we are proposing to find that all 
applicable requirements of the Ohio SIP for purposes of redesignation 
have been or will be approved, in accordance with section 
107(d)(3)(E)(ii). As discussed below, in this action EPA is proposing 
to approve Ohio's 2005 emissions inventories as meeting the section 
172(c)(3) comprehensive emissions inventory requirement.
    In making these proposed determinations, we have ascertained which 
SIP requirements are applicable for purposes of redesignation, and 
concluded that there are SIP measures meeting those requirements and 
that they are or by the time of final designation will be fully 
approved under section 110(k) of the CAA.
a. Ohio Has Met All Applicable Requirements for Purposes of 
Redesignation of the Ohio Portion of the Area Under Section 110 and 
Part D of the CAA
i. Section 110 General SIP Requirements
    Section 110(a) of title I of the CAA contains the general 
requirements for a SIP. Section 110(a)(2) provides that the 
implementation plan submitted by a state must have been adopted by the 
state after reasonable public notice and hearing, and, among other 
things, must: Include enforceable emission limitations and other 
control measures, means or techniques necessary to meet the 
requirements of the CAA; provide for establishment and operation of 
appropriate devices, methods, systems, and procedures necessary to 
monitor ambient air quality; provide for implementation of a source 
permit program to regulate the modification and construction of any 
stationary source within the areas covered by the plan; include 
provisions for the implementation of part C, Prevention of Significant 
Deterioration (PSD) and part D, New Source Review (NSR) permit 
programs; include criteria for stationary source emission control 
measures, monitoring, and reporting; include provisions for air quality 
modeling; and provide for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires that SIPs contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. EPA believes that the requirements 
linked with a particular nonattainment area's designation are the 
relevant measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state. Thus, we believe that these requirements should not 
be construed to be applicable requirements for purposes of 
redesignation.
    Further, we believe that the other section 110 elements described 
above that are not connected with nonattainment plan submissions and 
not linked with an area's attainment status are also not applicable 
requirements for purposes of redesignation. A state remains subject to 
these requirements after an area is redesignated to attainment. We 
conclude that only the section 110 and part D requirements that are 
linked with a particular area's designation are the relevant measures 
which we may consider in evaluating a redesignation request. This 
approach is consistent with EPA's existing policy on applicability of 
conformity and oxygenated fuels requirements for redesignation 
purposes, as well as with section 184 ozone transport requirements. See 
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174-
53176, October 10, 1996) and (62 FR 24826, May 7, 1997); Cleveland-
Akron-Lorain, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and 
Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See 
also the discussion on this issue in the Cincinnati, Ohio 1-hour ozone 
redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh, 
Pennsylvania 1-hour ozone redesignation (66 FR 50399, October 19, 
2001).
    We have reviewed the Ohio SIP and have concluded that it meets the 
general SIP requirements under section 110 of the CAA to the extent 
they are applicable for purposes of redesignation. EPA has previously 
approved provisions of Ohio's SIP addressing section 110 requirements 
(including provisions addressing particulate matter), at 40 CFR 
52.1870, respectively).
    On December 5, 2007, and September 4, 2009, Ohio made submittals 
addressing ``infrastructure SIP'' elements required under CAA section 
110(a)(2). EPA proposed approval of the December 5, 2007 submittal on 
April 28, 2011, at 76 FR 23757 and published final approval on July 14, 
2011, at 76 FR 41075. EPA disapproved the element of the September 4, 
2009, submittal that addresses section 110(a)(2)(D)(i) on February 4, 
2011 at 76 FR 92618, but has not taken rulemaking action on the 
remainder of the submittal.
    The requirements of section 110(a)(2), however, are statewide 
requirements that are not linked to the PM2.5 nonattainment 
status of the Huntington-Ashland area. Therefore, EPA believes that 
these SIP elements are not applicable requirements for purposes of 
review of the state's PM2.5 redesignation request.
ii. Part D Requirements
    EPA is proposing to determine that, upon approval of the base year 
emissions inventories discussed in section V.6. of this rulemaking, the 
Ohio SIP will meet the SIP requirements for the Ohio portion of the 
Huntington-Ashland area applicable for purposes of redesignation under 
part D of the CAA. Subpart 1 of part D, found in sections 172-176 of 
the CAA, sets forth the basic nonattainment requirements applicable to 
all nonattainment areas.
    Subpart 1 Section 172 Requirements.
    For purposes of evaluating this redesignation requests, the 
applicable section 172 SIP requirements for the Ohio portion of the 
Huntington-Ashland area are contained in sections 172(c)(1)-(9). A 
thorough discussion of the requirements contained in section 172 can be 
found in the General Preamble for Implementation of title I (57 FR 
13498, April 16, 1992).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all Reasonably Achievable Control 
Measures (RACM) as expeditiously as practicable and to provide for 
attainment of the primary NAAQS. EPA interprets this requirement to 
impose a duty on all nonattainment areas to consider all available 
control measures and to adopt and implement such measures as are 
reasonably available for implementation in each area as components of 
the area's attainment demonstration. Because attainment has been 
reached, no additional measures are needed to provide for attainment,

[[Page 79596]]

and section 172(c)(1) requirements are no longer considered to be 
applicable as long as the area continues to attain the standard until 
redesignation. (40 CFR 51.1004(c).)
    The Reasonable Further Progress (RFP) requirement under section 
172(c)(2) is defined as progress that must be made toward attainment. 
This requirement is not relevant for purposes of redesignation because 
the Huntington-Ashland area has monitored attainment of the 1997 annual 
PM2.5 NAAQS. (General Preamble, 57 FR 13564). See also 40 
CFR 51.918. In addition, because the Huntington-Ashland area has 
attained the 1997 annual PM2.5 NAAQS and is no longer 
subject to an RFP requirement, the requirement to submit the section 
172(c)(9) contingency measures is not applicable for purposes of 
redesignation. Id.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate and current inventory of actual emissions. Ohio 
submitted a 2005 base year emissions inventory along with their 
redesignation requests. As discussed below in section V.6., EPA is 
approving the 2005 base year inventories as meeting the section 
172(c)(3) emissions inventory requirement for the Ohio portion of the 
Huntington-Ashland area.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in an 
area, and section 172(c)(5) requires source permits for the 
construction and operation of new and modified major stationary sources 
anywhere in the nonattainment area. EPA approved Ohio's current NSR 
program on January 10, 2003 (68 FR 1366). Nonetheless, since PSD 
requirements will apply after redesignation, the area need not have a 
fully-approved NSR program for purposes of redesignation, provided that 
the area demonstrates maintenance of the NAAQS without part D NSR. A 
detailed rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled, ``Part D New Source Review Requirements for Areas 
Requesting Redesignation to Attainment.'' Ohio has demonstrated that 
the Huntington-Ashland area will be able to maintain the standard 
without part D NSR in effect; therefore, the state need not have a 
fully approved part D NSR program prior to approval of the 
redesignation request. The state's PSD program will become effective in 
the Huntington-Ashland area upon redesignation to attainment. See 
rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 1995); 
Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); 
Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand Rapids, 
Michigan (61 FR 31834-31837, June 21, 1996).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the Ohio's 
SIP meets the requirements of section 110(a)(2) applicable for purposes 
of redesignation.
    Subpart 1 Section 176(c)(4)(D) Conformity SIP Requirements.
    The requirement to determine conformity applies to transportation 
plans, programs and projects developed, funded or approved under title 
23 of the U.S. Code and the Federal Transit Act (transportation 
conformity) as well as to all other Federally-supported or funded 
projects (general conformity).
    Section 176(c) of the CAA was amended by provisions contained in 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU), which was signed into law on August 10, 
2005 (Public Law 109-59). Among the changes Congress made to this 
section of the CAA were streamlined requirements for state 
transportation conformity SIPs. State transportation conformity 
regulations must be consistent with Federal conformity regulations and 
address three specific requirements related to consultation, 
enforcement, and enforceability. EPA believes that it is reasonable to 
interpret the transportation conformity SIP requirements as not 
applying for purposes of evaluating the redesignation request under 
section 107(d) for two reasons.
    First, the requirement to submit SIP revisions to comply with the 
transportation conformity provisions of the CAA continues to apply to 
areas after redesignation to attainment since such areas would be 
subject to a section 175A maintenance plan. Second, EPA's Federal 
conformity rules require the performance of conformity analyses in the 
absence of Federally-approved state rules. Therefore, because areas are 
subject to the transportation conformity requirements regardless of 
whether they are redesignated to attainment and, because they must 
implement conformity under Federal rules if state rules are not yet 
approved, EPA believes it is reasonable to view these requirements as 
not applying for purposes of evaluating a redesignation request. See 
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this 
interpretation. See also 60 FR 62748, 62749-62750 (Dec. 7, 1995) 
(Tampa, Florida).
    Ohio has an approved transportation conformity SIP (72 FR 20945). 
Ohio is in the process of updating its approved transportation 
conformity SIP, and EPA will review its provisions when they are 
submitted.
b. The Ohio Portion of the Huntington-Ashland Area Has a Fully Approved 
Applicable SIP Under Section 110(k) of the CAA
    Upon final approval of Ohio's comprehensive 2005 emissions 
inventory, EPA will have fully approved the Ohio SIP for the Ohio 
portion of the Huntington-Ashland area under section 110(k) of the CAA 
for all requirements applicable for purposes of redesignation to 
attainment for the 1997 annual PM2.5 standard. EPA may rely 
on prior SIP approvals in approving a redesignation request (See page 3 
of the September 4, 1992, John Calcagni memorandum entitled 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,''; Southwestern Pennsylvania Growth Alliance v. Browner, 
144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426 (6th 
Cir. 2001)) plus any additional measures it may approve in conjunction 
with a redesignation action. See 68 FR 25413, 25426 (May 12, 2003). 
Since the passage of the CAA of 1970, Ohio has adopted and submitted, 
and EPA has fully approved, provisions addressing various required SIP 
elements under particulate matter standards. In this action, EPA is 
proposing to approve Ohio's 2005 base year emissions inventory for the 
Huntington-Ashland area as meeting the requirement of section 172(c)(3) 
of the CAA for the 1997 annual PM2.5 standard.
c. Nonattainment Requirements
    Under section 172, states with nonattainment areas must submit 
plans providing for timely attainment and meeting a variety of other 
requirements. On July 16, 2008 Ohio submitted a state-wide attainment 
demonstration for PM2.5, including the Huntington-Ashland 
area. However, pursuant to 40 CFR 51.1004(c) EPA's determination that 
the area has attained the 1997 PM2.5 annual standard 
suspends the requirement to submit certain planning SIPs related to 
attainment, including attainment demonstration requirements, the 
Reasonably Achievable Control

[[Page 79597]]

Technology (RACT)-RACM requirement of section 172(c)(1) of the CAA, the 
RFP and attainment demonstration requirements of sections 172(c)(2) and 
(6) and 182(b)(1) of the CAA, and the requirement for contingency 
measures of section 172(c)(9) of the CAA).
    As a result, the only remaining requirement under section 172 to be 
considered is the emissions inventory required under section 172(c)(3). 
As discussed in a later section, EPA is proposing to approve the 
inventory that Ohio submitted as part of its maintenance plan as 
satisfying this requirement.
    No SIP provisions applicable for redesignation of the Ohio portion 
of the Huntington-Ashland area are currently disapproved, conditionally 
approved, or partially approved. If EPA approves Ohio's Huntington-
Ashland area PM2.5 emissions inventories as proposed, Ohio 
will have a fully approved SIP for all requirements applicable for 
purposes of redesignation.

3. The Improvement in Air Quality Is Due to Permanent and Enforceable 
Reductions in Emissions Resulting From Implementation of the SIP and 
Applicable Federal Air Pollution Control Regulations and Other 
Permanent and Enforceable Reductions (Section 107(d)(3)(E)(iii))

    EPA believes that Ohio has demonstrated that the observed air 
quality improvement in the Huntington-Ashland area is due to permanent 
and enforceable reductions in emissions resulting from implementation 
of the SIP, Federal measures, and other state-adopted measures.
    In making this demonstration, Ohio has calculated the change in 
emissions between 2005, one of the years used to designate the 
Huntington-Ashland area as nonattainment, and 2008, one of the years 
the Huntington-Ashland area monitored attainment. The reduction in 
emissions and the corresponding improvement in air quality over this 
time period can be attributed to a number of regulatory control 
measures that the Huntington-Ashland area and contributing areas have 
implemented in recent years.
a. Permanent and Enforceable Controls Implemented
    The following is a discussion of permanent and enforceable measures 
that have been implemented in the area:
i. Federal Emission Control Measures
    Reductions in fine particle precursor emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. These emission control requirements result in lower 
NOX and SO2 emissions from new cars and light 
duty trucks, including sport utility vehicles. The Federal rules were 
phased in between 2004 and 2009. The EPA has estimated that, by the end 
of the phase-in period, new vehicles will emit the following 
percentages less NOX: Passenger cars (light duty vehicles)--
77%; light duty trucks, minivans, and sports utility vehicles--86%; 
and, larger sports utility vehicles, vans, and heavier trucks--69 to 
95%. EPA expects fleet wide average emissions to come to decline by 
similar percentages as new vehicles replace older vehicles. The Tier 2 
standards also reduced the sulfur content of gasoline to 30 parts per 
million (ppm) beginning in January 2006. Most gasoline sold in Ohio 
prior to January 2006 had a sulfur content of about 500 ppm.
    Heavy-Duty Diesel Engine Rule. EPA issued this rule in July 2000. 
This rule includes standards limiting the sulfur content of diesel 
fuel, which went into effect in 2004. A second phase took effect in 
2007 which reduced fine particle emissions from heavy-duty highway 
engines and further reduced the highway diesel fuel sulfur content to 
15 ppm. The total program is estimated to achieve a 90% reduction in 
direct PM2.5 emissions and a 95% reduction in NOX 
emissions for these new engines using low sulfur diesel, compared to 
existing engines using higher sulfur content diesel. The reduction in 
fuel sulfur content also yielded an immediate reduction in sulfate 
particle emissions from all diesel vehicles.
    Nonroad Diesel Rule. In May 2004 EPA promulgated a new rule for 
large nonroad diesel engines, such as those used construction, 
agriculture, and mining equipment, to be phased in between 2008 and 
2014. The rule also reduces the sulfur content in nonroad diesel fuel 
by over 99%. Prior to 2006, nonroad diesel fuel averaged approximately 
3,400 ppm sulfur. This rule limited nonroad diesel sulfur content to 
500 ppm by 2006, with a further reduction to 15 ppm by 2010. The 
combined engine and fuel rules will reduce NOX and PM 
emissions from large nonroad diesel engines by over 90%, compared to 
current nonroad engines using higher sulfur content diesel. It is 
estimated that compliance with this rule will cut NOX 
emissions from nonroad diesel engines by up to 90%. This rule achieved 
some emission reductions by 2008 and was fully implemented by 2010. The 
reduction in fuel sulfur content also yielded an immediate reduction in 
sulfate particle emissions from all diesel vehicles.
    Nonroad Large Spark-Ignition Engine and Recreational Engine 
Standards. In November 2002 EPA promulgated emission standards for 
groups of previously unregulated nonroad engines. These engines include 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles using spark-
ignition engines such as off-highway motorcycles, all-terrain vehicles, 
and snowmobiles; and recreational marine diesel engines. Emission 
standards from large spark-ignition engines were implemented in two 
tiers, with Tier 1 starting in 2004 and Tier 2 in 2007. Recreational 
vehicle emission standards are being phased in from 2006 through 2012. 
Marine Diesel engine standards were phased in from 2006 through 2009. 
With full implementation of the entire nonroad spark-ignition engine 
and recreational engine standards an 80% reduction in NOX 
expected by 2020. Some of these emission reductions occurred by the 
2008-2010 period used to demonstrate attainment, and additional 
emission reductions will occur during the maintenance period.
i. Control Measures in Contributing Areas
    Given the significance of sulfates and nitrates in the Huntington-
Ashland area, the area's air quality is strongly affected by regulation 
of SO2 and NOX emissions from power plants.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued a 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX. Affected states were 
required to comply with Phase I of the SIP Call beginning in 2004, and 
Phase II beginning in 2007. Emission reductions resulting from 
regulations developed in response to the NOX SIP Call are 
permanent and enforceable.
    Clean Air Interstate Rule (CAIR). EPA proposed CAIR on January 30, 
2004, at 69 FR 4566, promulgated CAIR on May 12, 2005, at 70 FR 25162, 
and promulgated associated Federal Implementation Plans (FIPs) on April 
28, 2006, at 71 FR 25328, in order to reduce SO2 and 
NOX emissions and improve air quality in many areas across 
Eastern United States. However, on July 11, 2008, the United States 
Court of Appeals for the District of Columbia Circuit (DC Circuit or 
Court) issued its decision to vacate and remand both CAIR and the 
associated CAIR FIPs in their entirety (North Carolina v. EPA,

[[Page 79598]]

531 F.3d 836 (DC Cir. 2008)). EPA petitioned for a rehearing, and the 
Court issued an order remanding CAIR and the CAIR FIPs to EPA without 
vacatur (North Carolina v. EPA, 550 F.3d 1176 (DC Cir. 2008)). The 
Court, thereby, left CAIR in place in order to ``temporarily preserve 
the environmental values covered by CAIR'' until EPA replaced it with a 
rule consistent with the Court's opinion (id. at 1178). The Court 
directed EPA to ``remedy CAIR's flaws'' consistent with the July 11, 
2008, opinion, but declined to impose a schedule on EPA for completing 
this action (id).
    On August 8, 2011, at 76 FR 48208, EPA promulgated the Cross-State 
Air Pollution Rule (also known as the Transport Rule) to address 
interstate transport of emissions and resulting secondary air 
pollutants and to replace CAIR. The CAIR, among other things, required 
NOX and SO2 emission reductions that contributed 
to the air quality improvement in the Huntington-Ashland nonattainment 
area. The CAIR emission reduction requirements limit emissions through 
2011; the Transport Rule requires similar or greater emission 
reductions in the relevant areas in 2012 and beyond. The Transport Rule 
requires substantial reductions of SO2 and NOX 
emissions from Electric Generating Units (EGUs or power plants) across 
most of Eastern United States, with implementation beginning on January 
1, 2012. In particular, this rule requires reduction of these emissions 
to levels well below the levels that led to attainment of the 1997 
annual PM2.5 standard in the Huntington-Ashland 
nonattainment area. Because the emission reduction requirements of CAIR 
are enforceable through the 2011 control period, and because the 
Transport Rule has now been promulgated to address the requirements 
previously addressed by CAIR and gets similar or greater reductions in 
the relevant areas in 2012 and beyond, EPA has determined that the EGU 
emission reductions that helped lead to attainment in the Huntington-
Ashland area can now be considered permanent and enforceable and that 
the requirement of CAA section 107(d)(3)(E)(iii) has now been met.
b. Emission Reductions
    Ohio developed emissions inventories for NOX, direct 
PM2.5, and SO2 for 2005, one of the years used to 
designate the area as nonattainment, and 2008, one of the years the 
Huntington-Ashland area monitored attainment of the standard.
    EGU SO2 and NOX emissions were derived from 
EPA's Clean Air Market's acid rain database. These emissions reflect 
Ohio, Kentucky and West Virginia NOX emission budgets 
resulting from EPA's NOX SIP call. The 2008 emissions from 
EGUs reflect Ohio's emission caps under CAIR. All other point source 
emissions were obtained from Ohio's source facility emissions 
reporting.
    Area source emissions the Huntington-Ashland area for 2005 were 
taken from periodic emissions inventories.\1\ These 2005 area source 
emission estimates were extrapolated to 2008. Source growth factors 
were supplied by the Lake Michigan Air Directors Consortium (LADCO).
---------------------------------------------------------------------------

    \1\ Periodic emission inventories are derived by States every 
three years and reported to the EPA. These periodic emission 
inventories are required by the Federal Consolidated Emissions 
Reporting Rule, codified at 40 CFR Subpart A. EPA revised these and 
other emission reporting requirements in a final rule published on 
December 17, 2008, at 73 FR 76539.
---------------------------------------------------------------------------

    Nonroad mobile source emissions were extrapolated from nonroad 
mobile source emissions reported in EPA's 2005 National Emissions 
Inventory (NEI). Contractors were employed by LADCO to estimate 
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile 
source emission factor model, MOVES2010a, in conjunction with 
transportation model results developed by local Metropolitan Planning 
Organization (MPO), KYOVA.
    All emissions estimates discussed below were documented in the 
submittal and appendices of Ohio's redesignation request submittal from 
May 4, 2011. For these data and additional emissions inventory data, 
the reader is referred to EPA's digital docket for this rule, http://www.regulations.gov, for docket numbers EPA-R05-OAR-2011-0468, which 
include digital copies of Ohio's submittal.
    Emissions data in tons per year (tpy) for the entire Huntington-
Ashland area (OH-KY-WV) are shown in Tables 1, and 2, below.

          Table 1--Summary of 2005 Emissions for the Huntington-Ashland (KY-OH-WV) Area by Source Type
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                   SO2               NOX              PM2.5
----------------------------------------------------------------------------------------------------------------
Point (EGU)...............................................        357,165.49        121,991.60          5,005.11
Non-EGU...................................................         11,039.74         11,854.66          1,686.15
On-road...................................................            192.92         12,813.39            500.72
Nonroad...................................................            127.85          1,566.88            158.65
Area......................................................          2,836.09          2,034.76          1,829.08
MAR.......................................................            927.29         12,221.82            404.61
                                                           -----------------------------------------------------
    Total Huntington-Ashland..............................        372,289.38        162,483.11          9,584.32
----------------------------------------------------------------------------------------------------------------

Table 2--Comparison of 2005 Emissions From the Non-Attainment Year and 2008 Emissions for an Attainment Year for
                                     the Huntington-Ashland (KY-OH-WV) Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Net change
                                                                  2005              2008           (2005-2008)
----------------------------------------------------------------------------------------------------------------
PM2.5.....................................................          9,584.32         10,253.89            669.48
NOX.......................................................        162,483.11        146,972.25        -15,510.86
SO2.......................................................        372,289.38        234,901.09       -137,388.63
----------------------------------------------------------------------------------------------------------------

[[Page 79599]]

    Table 2 shows that the entire Huntington-Ashland area reduced 
NOX emissions by 15,510.86 tpy, and SO2 emissions 
by 137,388.63 tpy between 2005, a nonattainment year and 2008, an 
attainment year.
    Because PM2.5 concentrations in the Huntington-Ashland 
area are significantly impacted by the transport of sulfates and 
nitrates, the area's air quality is strongly affected by regulation of 
SO2 and NOX emissions from power plants. Table 3, 
below, present's statewide EGU emissions data compiled by EPA's Clean 
Air Markets Division for the years 2002 and 2008 for the several states 
that were found to contribute to air quality in the Huntington-Ashland 
area. Emissions for 2008 reflect implementation of CAIR.
[GRAPHIC] [TIFF OMITTED] TP22DE11.079

    Table 3 shows that states impacting the Huntington-Ashland area 
reduced NOX and SO2 emissions from EGUs by 
701,175 tpy and 1,409,011 tpy, respectively, between 2002 and 2008.
    Based on the information summarized above, Ohio has adequately 
demonstrated that the improvement in air quality is due to permanent 
and enforceable emissions reductions. While these reductions were 
estimates of the impact of CAIR, these reductions are expected to 
continue and may be considered permanent and enforceable as a result of 
the Transport Rule being promulgated.

4. Ohio Has a Fully Approved Maintenance Plan Pursuant to Section 175A 
of the CAA (Section 107(d)(3)(E)(iv))

    In conjunction with Ohio's request to redesignate the Ohio portion 
of the Huntington-Ashland nonattainment area to attainment status, Ohio 
has submitted a SIP revision to provide for maintenance of the 1997 
annual PM2.5 NAAQS in the area through 2022.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the required elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. Under section 175A, the plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after EPA 
approves a redesignation to attainment. Eight years after 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for ten 
years following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain contingency measures with a schedule for implementation as EPA 
deems necessary to assure prompt correction of any future annual 
PM2.5 violations.
    The September 4, 1992, memorandum from John Calcagni, entitled 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' provides additional guidance on the content of a 
maintenance plan. The memorandum states that a maintenance plan should 
address the following items: The attainment emissions inventories, a 
maintenance demonstration showing maintenance for the ten years of the 
maintenance period, a commitment to maintain the existing monitoring 
network, factors and procedures to be used for verification of 
continued attainment of the NAAQS, and a contingency plan to prevent or 
correct future violations of the NAAQS.
b. Attainment Inventory
    Ohio developed emissions inventories for NOX, direct 
PM2.5, and SO2 for 2008, one of the years in the 
period during which the Huntington-Ashland area monitored attainment of 
the 1997 annual PM2.5 standard, as described

[[Page 79600]]

previously. The attainment level of emissions is summarized in Tables 2 
and 3, above.
c. Demonstration of Maintenance
    Along with the redesignation request, Ohio submitted a revision to 
its PM2.5 SIP to include a maintenance plan for the 
Huntington-Ashland area, as required by section 175A of the CAA. Ohio's 
plan demonstrates maintenance of the 1997 annual PM2.5 
standard through 2022 by showing that current and future emissions of 
NOX, directly emitted PM2.5 and SO2 
for the area remain at or below attainment year emission levels. A 
maintenance demonstration need not be based on modeling. See Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F. 3d 537 
(7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 2001), 
68 FR 25413, 25430-25432 (May 12, 2003).
    Ohio uses emissions inventory projections for the years 2015 and 
2022 to demonstrate maintenance for the entire Huntington-Ashland area. 
The projected emissions were estimated by Ohio, with assistance from 
LADCO and KYOVA using the MOVES2010a model. Projection modeling of 
inventory emissions was done for the 2015 interim year emissions using 
estimates based on the 2009 and 2018 LADCO modeling inventory, using 
LADCO's growth factors, for all sectors. The 2022 maintenance year is 
based on emissions estimates from the 2018 LADCO modeling. Table 4 
shows the 2008 attainment base year emission estimates and the 2015 and 
2022 emission projections for the entire tri-state Huntington-Ashland 
area that Ohio provided in its May 4, 2011, submission.

 Table 4--Comparison of 2008, 2015 and 2022 NOX, Direct PM2.5, and SO2 Emission Totals (tpy) for the Huntington-
                                             Ashland Area (OH-KY-WV)
----------------------------------------------------------------------------------------------------------------
                                                 SO2                      NOX                     PM2.5
----------------------------------------------------------------------------------------------------------------
2008 (baseline)......................  234,901.09.............  146,972.25.............  10,253.89.
2015.................................  149,647.27.............  95,137.30..............  10,100.29.
2022.................................  113,654.75.............  71,097.29..............  9,928.94.
Change...............................  -121,246.34............  -75,874.96.............  -324.95.
2008-2022............................  52% decrease...........  52% decrease...........  3% decrease.
----------------------------------------------------------------------------------------------------------------

    Table 4 shows that the entire Huntington-Ashland area reduced 
NOX emissions by 75,874.96 tpy between 2008 and the 
maintenance projection to 2022, direct PM2.5 emissions by 
324.95 tpy, and reduced SO2 emissions by 121,246.34 tpy 
between 2008 and 2022. Thus the emissions inventories set forth in 
Table 4 show that the area will continue to maintain the annual 
PM2.5 standard during the maintenance period.
    Maintenance of the 1997 annual PM2.5 air quality 
standard in the Huntington-Ashland area is a function of regional as 
well as local emissions trends. The regional impacts are dominated by 
the impacts of SO2 and NOX emissions. The 
previous section showed that the Transport Rule could be expected to 
provide for substantial SO2 and NOX emission 
reductions through 2014 for Ohio, West Virginia, and Kentucky. 
Regionally, multiple upwind states can contribute precursors to 
PM2.5 to the Huntington-Ashland area; however, projected 
emissions under the Transport Rule for all the states contributing to 
particulate matter concentrations this area show emissions well below 
the attainment year of 2008 (Table 5 and Table 6). Table 5 and Table 6 
show that under the Transport Rule regional emissions will not affect 
the maintenance of the annual PM2.5 standard.

   Table 5--Comparison of 2008 and 2014 and Beyond Statewide EGU SO2 Emissions (tpy) for Projected Years From
                                 States That Impact the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
                                                                                  Transport rule
                              State                                 Attainment       2014 and       Net change
                                                                     year 2008        beyond         2008-2014
----------------------------------------------------------------------------------------------------------------
Alabama.........................................................         357,546         173,231        -184,315
Illinois........................................................         257,357         128,143        -129,214
Indiana.........................................................         565,458         128,143        -437,315
Kentucky........................................................         344,356         116,912        -227,444
Michigan........................................................         326,500         158,394        -168,106
Missouri........................................................         258,268         177,359         -80,909
Ohio............................................................         709,444         150,784        -558,660
Pennsylvania....................................................         831,914         123,224        -708,690
Tennessee.......................................................         208,069          64,716        -143,353
West Virginia...................................................         301,574          83,235        -218,339
Wisconsin.......................................................         129,693          44,139         -85,554
                                                                 -----------------------------------------------
    Total.......................................................       4,290,179       1,348,280      -2,941,899
----------------------------------------------------------------------------------------------------------------

 Table 6--Comparison of 2008 and 2014 and Beyond NOX Emissions Totals (tpy) From EGUs for 2008 (Attainment) 2014
                          and Beyond From States Impacting the Huntington-Ashland Area
----------------------------------------------------------------------------------------------------------------
                                                                                  Transport rule
                              State                                 Attainment       2014 and       Net change
                                                                     year 2008        beyond         2008-2014
----------------------------------------------------------------------------------------------------------------
Alabama.........................................................         112,625          68,119         -44,506

[[Page 79601]]

 
Illinois........................................................         119,929          48,533         -71,396
Indiana.........................................................         190,092         109,392         -80,700
Kentucky........................................................         157,902          76,026         -81,876
Michigan........................................................         107,623          57,311         -50,312
Missouri........................................................          88,745          48,888         -39,857
Ohio............................................................         235,048          84,126        -150,922
Pennsylvania....................................................         183,657         116,994         -66,663
Tennessee.......................................................          85,640          20,490         -65,150
West Virginia...................................................          99,483          53,335         -46,148
Wisconsin.......................................................          47,794          29,688         -18,106
                                                                 -----------------------------------------------
    Total.......................................................       1,428,538         712,902        -715,636
----------------------------------------------------------------------------------------------------------------

    Tables 5 and 6 show that NOX emissions from EGUs are 
projected to decrease by 715,636 tpy from 2008 to 2014 and beyond and 
SO2 emissions from EGUSs are projected to decrease by 
2,941,899 tpy in states impacting the Huntington-Ashland area.
    Based on the information summarized above, Ohio has adequately 
demonstrated maintenance of the PM2.5 standard in this area 
for a period extending in excess of ten years from expected final 
action on Ohio's redesignation request.
d. Monitoring Network
    Ohio's maintenance plan includes additional elements. Ohio's plan 
includes a commitment to continue to operate its EPA-approved 
monitoring network, as necessary to demonstrate ongoing compliance with 
the NAAQS. Ohio currently operates a PM2.5 monitor in 
Lawrence County to monitor the Huntington-Ashland area. Kentucky and 
West Virginia are also currently operating one monitor in each state 
for the Huntington-Ashland area.
e. Verification of Continued Attainment
    Ohio remains obligated to continue to quality-assure monitoring 
data and enter all data into the Air Quality System in accordance with 
Federal guidelines. Ohio will use these data, supplemented with 
additional information as necessary, to assure that the area continues 
to attain the standard. Ohio will also continue to develop and submit 
periodic emission inventories as required by the Federal Consolidated 
Emissions Reporting Rule (67 FR 39602, June 10, 2002) to track future 
levels of emissions. Both of these actions will help to verify 
continued attainment in accordance with 40 CFR part 58.
f. Contingency Plan
    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency measures, 
and a time limit for action by the state. The state should also 
identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant(s) that 
were contained in the SIP before redesignation of the area to 
attainment. See section 175A(d) of the CAA. Ohio's contingency measures 
include a Warning Level Response and an Action Level Response. An 
initial Warning Level Response is triggered when the average weighted 
annual mean for one year exceeds 15.5 [mu]g/m\3\. In that case, a study 
will be conducted to determine if the emissions trends show increases; 
if action is necessary to reverse emissions increases, Ohio will follow 
the same procedures for control selection and implementation as for an 
Action Level Response.
    The Action Level Response will be prompted by any one of the 
following: A Warning Level Response study that shows emissions 
increases, a weighted annual mean over a two-year average that exceeds 
the standard, or a violation of the standard. If an Action Level 
Response is triggered, Ohio will adopt and implement appropriate 
control measures within 18 months from the end of the year in which 
monitored air quality triggering a response occurs.
    Ohio's candidate contingency measures include the following:

    i. ICI Boilers--SO2 and NOX controls;
    ii. Process heaters;
    iii. EGUS;
    iv. Internal combustion engines;
    v. Combustion turbines;
    vi. Other sources > 100 TPY;
    vii. Fleet vehicles;
    viii. Concrete manufacturers; and
    ix. Aggregate processing plants

    Ohio further commits to conduct ongoing review of its data, and if 
monitored concentrations or emissions are trending upward, Ohio commits 
to take appropriate steps to avoid a violation if possible. Ohio 
commits to continue implementing SIP requirements upon and after 
redesignation.
    EPA believes that Ohio's contingency measures, as well as the 
commitment to continue implementing any SIP requirements, satisfy the 
pertinent requirements of section 175A(d).
    As required by section 175A(b) of the CAA, Ohio commits to submit 
to the EPA an updated PM2.5 maintenance plan eight years 
after redesignation of the Huntington-Ashland area to cover an 
additional ten-year period beyond the initial ten-year maintenance 
period. As required by section 175A of the CAA, Ohio has also committed 
to retain the PM2.5 control measures contained in the SIP 
prior to redesignation.
    For all of the reasons set forth above, EPA is proposing to approve 
Ohio's 1997 annual PM2.5 maintenance plan for the 
Huntington-Ashland area as meeting the requirements of CAA section 
175A.

[[Page 79602]]

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

    Under section 176(c) of the CAA, transportation plans and 
transportation improvement programs (TIPs) must conform to applicable 
SIP goals. This means that such actions will not: (1) Cause or 
contribute to violations of a NAAQS; (2) worsen the severity of an 
existing violation; or (3) delay timely attainment of a NAAQS 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, MPOs in nonattainment and maintenance areas 
coordinate with state air quality and transportation agencies, EPA, 
FHWA and FTA to demonstrate that their metropolitan transportation 
plans (``plans'') and TIPs 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 (MVEBs) contained in a SIP.
    For budgets to be approvable, they must meet, at a minimum, EPA's 
adequacy criteria (40 CFR 93.118(e)(4)). However, the conformity rule 
at 40 CFR 93.109(m) allows areas to forgo establishment of a budget(s) 
where it is demonstrated that regional motor vehicle emissions for a 
particular pollutant or precursor pollutant are an insignificant 
contributor to the air quality problem in the area. The general 
criteria for insignificance determinations per 40 CFR 93.109(m) are 
based on a number of factors, including (1) The percentage of motor 
vehicle emissions in context of the total SIP inventory; (2) the 
current state of air quality as determined by monitoring data for that 
NAAQS; (3) the absence of SIP motor vehicle control measures; and (4) 
historical trends and future projections of the growth of motor vehicle 
emissions in the area.
    EPA previously reviewed the attainment demonstration that Ohio 
submitted for its portion of the Huntington-Ashland area and made an 
insignificance finding through the transportation conformity adequacy 
process for NOX and directly emitted PM2.5 for 
the Ohio portion of the Huntington-Ashland PM2.5 
nonattainment area on December 7, 2009 (74 FR 64075). That 
insignificance finding was effective on December 22, 2009. As a result 
of EPA's insignificance finding, the Ohio portion of the Huntington-
Ashland PM2.5 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 PM2.5 NAAQS until 
such time as EPA reviewed and took action on the Huntington-Ashland 
PM2.5 area's attainment demonstration or acted on a 
submitted maintenance plan for the Ohio portion of the area (the 
subject of today's proposed action).
    As part of the On May 4, 2011, redesignation request and 
maintenance plan Ohio EPA requested that EPA find that on-road 
emissions of direct PM2.5 and NOX emissions are 
insignificant for conformity purposes. On May 5, 2011, EPA initiated an 
adequacy review of the finding of insignificance that Ohio included in 
its redesignation submittal. As such, a notice of the submission of 
this finding was posted on its adequacy web page (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The public comment period 
closed June 6, 2011. There were no public comments. EPA is acting on 
making these findings final.
    Consistent with EPA's adequacy review of Ohio's redesignation 
request and maintenance plan and the Agency's thorough review of the 
entire SIP submission, EPA is proposing to approve Ohio's 
insignificance determination for the on-road motor vehicle contribution 
of NOX and PM2.5 emissions to the overall 
PM2.5 emissions in the Huntington-Ashland PM2.5 
area.
    Because EPA finds that Ohio's submitted maintenance plan and 
redesignation request meets the criteria in the conformity rule for an 
insignificance finding for motor vehicle emissions of NOX 
and PM2.5 in the Ohio portion of the Huntington-Ashland 
PM2.5 area, it is not necessary to establish 
PM2.5 and NOX budgets for the Ohio portion of the 
Huntington-Ashland PM2.5 area. That is, EPA finds that the 
submittal demonstrates that, for NOX and PM2.5, 
regional motor vehicle emissions are an insignificant contributor to 
the annual PM2.5 air quality problem in the Ohio portion of 
the area. This finding is based on the following: Ohio's inventory 
shows that on-road emissions in the Ohio portion of the area are 
currently contribute to 3.21% of the total NOX, and 0.97% 
PM2.5, as shown in Table 7.

             Table 7--Huntington-Ashland Area Emission Projections for On-Road Mobile Sources (tpy)
----------------------------------------------------------------------------------------------------------------
                                                          NOX                                PM2.5
----------------------------------------------------------------------------------------------------------------
                                On-road Mobile Source emissions for Ohio portion
----------------------------------------------------------------------------------------------------------------
2015....................................                            1,824.73                               56.65
2022....................................                              924.15                               32.23
----------------------------------------------------------------------------------------------------------------
                                          Total Ohio portion emissions
----------------------------------------------------------------------------------------------------------------
2015....................................                           56,838.94                            5,837.13
2022....................................                           37,858.02                            5,758.93
----------------------------------------------------------------------------------------------------------------

    Motor vehicle emissions in general, for the maintenance period of 
2015 and 2022, are low and declining in the Ohio portion of the area, 
contributing only 2.44 and 0.56% of Ohio's emissions for 
NOX, and PM2.5, respectively, with the decrease 
due to Federal regulations on motor vehicle rules such as Heavy-duty 
Highway Vehicle standards and Tier 2 vehicle and fuel standards. Also, 
there have been no SIP requirements for motor vehicle control measures 
for the Ohio portion of the area and it is unlikely that motor vehicle 
control measures will be implemented for PM2.5 in this area 
in the future.
    Finally, as described above, the area has attained the 1997 annual 
PM2.5 NAAQS and we are proposing to approve the maintenance 
plan and redesignation request for the Ohio portion of the area. 
Therefore motor vehicle emissions budgets for PM2.5 and 
NOX are not required for the Huntington-Ashland area to 
maintain the 1997 annual PM2.5 NAAQS. EPA is proposing to 
approve the inventory and the findings of insignificant contribution by 
motor vehicles, resulting in no proposed motor vehicle

[[Page 79603]]

emissions budgets for the Ohio portion of the Huntington-Ashland area 
for 2015 and 2022 projected maintenance years. On-road emissions were 
calculated using the EPA required MOVES2010a model.
    With regard to on-road emissions of SO2, volatile 
organic compounds and ammonia, Ohio did not provide emission budgets 
(or an insignificance demonstration) because it concluded, consistent 
with EPA's presumptions regarding these PM2.5 precursors, 
that emissions of these precursors from motor vehicles are not 
significant contributors to the area's PM2.5 air quality 
problem.

6. 2005 Comprehensive Emissions Inventory

    As discussed above, section 172(c)(3) of the CAA requires areas to 
submit a comprehensive emissions inventory. Ohio submitted a 2005 base 
year emissions inventories that meets this requirement. Emissions 
contained in the submittals cover the general source categories of 
point sources, area sources, on-road mobile sources, and nonroad mobile 
sources.
    For the point source sector, EGU SO2 and NOX 
emissions were derived from EPA's Clean Air Market's database. All 
other point source emissions were obtained from Ohio's source facility 
emissions reporting.
    Area source emissions were extrapolated from Ohio's 2005 periodic 
emissions inventories. Source growth factors were supplied by LADCO.
    Nonroad mobile source emissions were extrapolated from nonroad 
mobile source emissions reported in EPA's 2005 NEI. LADCO estimated 
emissions for commercial marine vessels and railroads.
    On-road mobile source emissions were calculated using EPA's mobile 
source emission factor model, MOVES2010a, in conjunction with roadway 
network traffic information prepared by KYOVA.
    All emissions discussed in Table 1 were documented in the submittal 
and the Appendices of Ohio's redesignation request submittal. EPA has 
reviewed Ohio's documentation of the emissions inventory techniques and 
data sources used for the derivation of the 2005 emissions estimates 
and has found that Ohio has thoroughly documented the derivation of 
these emissions inventories. The submittal from the state shows that 
the 2005 emissions inventory is currently the most complete emissions 
inventories for PM2.5 and PM2.5 precursors in the 
Huntington-Ashland area. Based upon EPA's review, we propose to find 
that the 2005 emissions inventories are as complete and accurate as 
possible given the input data available to the Ohio, and we are 
proposing to approve them under CAA section 172(c)(3).

7. Summary of Proposed Actions

    EPA has previously determined that the Huntington-Ashland area has 
attained the 1997 annual PM2.5 NAAQS. EPA is proposing to 
determine that the entire Huntington-Ashland area continues to attain 
the 1997 annual PM2.5 standard and that the Ohio portion of 
the area has met the requirements for redesignation under section 
107(d)(3)(E) of the CAA. EPA is proposing to approve the request from 
Ohio to change the legal designation of the Ohio portion of the 
Huntington-Ashland area from nonattainment to attainment for the 1997 
annual PM2.5 NAAQS. EPA is proposing to approve Ohio's 
PM2.5 maintenance plan for the Huntington-Ashland area as a 
revision to the Ohio SIP because the plan meets the requirements of 
section 175A of the CAA. EPA is proposing to approve the 2005 emissions 
inventories for primary PM2.5, NOX, and 
SO2, documented in Ohio's May 4, 2011, submittal as 
satisfying the requirement in section 172(c)(3) of the CAA for a 
comprehensive, current emission inventory. Finally, for transportation 
conformity purposes EPA is also proposing to approve Ohio's 
determination that on-road emissions of PM2.5 and 
NOX are insignificant contributors to PM2.5 
concentrations in the area.

VI. What are the effects of EPA's proposed actions?

    If finalized, approval of the redesignation request would change 
the official designation of the Ohio portion of the Huntington-Ashland 
area for the 1997 annual PM2.5 NAAQS, found at 40 CFR part 
81, from nonattainment to attainment. If finalized, EPA's proposal 
would approve as a revision to the Ohio SIP for the Huntington-Ashland 
area, the maintenance plan for the 1997 annual PM2.5 
standard as well as the 2005 emissions inventories included with the 
redesignation request.

VII. Statutory and Executive Order Reviews.

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, these actions:
     Are 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct

[[Page 79604]]

costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter.

40 CFR Part 81

    Air pollution control, Environmental protection, National Parks, 
Wilderness.

    Dated: December 14, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-32819 Filed 12-21-11; 8:45 am]
BILLING CODE 6560-50-P
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