Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Proposed Rules 69409 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule, 

pertaining to the Delaware 1997 annual 

PM2.5 attainment plan for the 

Philadelphia Area, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: October 31, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–28091 Filed 11–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0751; FRL–9751–8] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Kentucky Portion of the 

Huntington-Ashland 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On February 12, 2012, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division for Air Quality (DAQ), 

submitted a request to redesignate the 

Kentucky portion of the tri-state 

Huntington-Ashland, West VirginiaKentucky-Ohio fine particulate matter 

(PM2.5) nonattainment area (hereafter 

referred to as the ‘‘Huntington-Ashland 

Area’’ or ‘‘Area’’) to attainment for the 

1997 Annual PM2.5 National Ambient 

Air Quality Standards (NAAQS) and to 

approve a State Implementation Plan 

(SIP) revision containing a maintenance 

plan for the Kentucky portion of the 

Huntington-Ashland Area. The 

Huntington-Ashland Area is comprised 

of Boyd County and a portion of 

Lawrence County in Kentucky; 

Lawrence and Scioto Counties and 

portions of Adams and Gallia Counties 

in Ohio; and Cabell and Wayne 

Counties and a portion of Mason County 

in West Virginia. EPA is proposing to 

approve the redesignation request and 

the related SIP revision for Boyd and 

Lawrence Counties in Kentucky, 

including the Commonwealth’s plan for 

maintaining attainment of the PM2.5

standard in the Kentucky portion of the 

Huntington-Ashland Area. EPA is also 

proposing to approve the on-road motor 

vehicle insignificance finding for direct 

PM2.5 and nitrogen oxides (NOX) for the 

Kentucky portion of the HuntingtonAshland Area. On May 4, 2011, and 

June 30, 2011, respectively, Ohio and 

West Virginia submitted requests to 

redesignate their portions of the Area to 

attainment for the 1997 Annual PM2.5

NAAQS. EPA is taking action on the 

requests from Ohio and West Virginia 

separately from these proposed actions. 

DATES: Comments must be received on 

or before December 10, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0751, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2012–0751, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012– 

0751. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey of the Regulatory Development 

Section, in the Air Planning Branch, 


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1On September 7, 2011, at 76 FR 55542, EPA 

determined that the Huntington-Ashland Area 

attained the 1997 PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010, and that the Area 

was continuing to attain the PM2.5 standard with 

monitoring data that was currently available. 

2 In response to legal challenges of the annual 

standard promulgated in 2006, the United States 

Court of Appeals for the District of Columbia 

Circuit (D.C. Cir.) remanded this NAAQS to EPA for 

further consideration. See American Farm Bureau 

Federation and National Pork Producers Council, et 

al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 Annual NAAQS are 

essentially identical, attainment of the 1997 Annual 

NAAQS would also indicate attainment of the 

remanded 2006 Annual NAAQS. 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Joel 

Huey may be reached by phone at (404) 

562–9104, or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the Actions EPA is proposing to 

take? 

II. What is the background for EPA’s 

proposed actions? 

III. What are the criteria for redesignation? 

IV. Why is EPA proposing these actions? 

V. What is EPA’s analysis of the request? 

VI. What is EPA’s analysis of Kentucky’s 

proposed regional on-road motor vehicle 

insignificance determination for the 

Kentucky portion of the HuntingtonAshland area? 

VII. What is the status of EPA’s adequacy 

determination for the on-road motor 

vehicle insignificance determination for 

the Kentucky portion of the HuntingtonAshland area? 

VIII. Proposed Actions on the Redesignation 

Request and Maintenance Plan SIP 

Revision for the Kentucky Portion of the 

Huntington-Ashland Area 

IX. What is the effect of EPA’s proposed 

actions? 

X. Statutory and Executive Order Reviews 

I. What are the actions EPA is 

proposing to take? 

In this action, EPA is proposing to 

make a determination that HuntingtonAshland Area is continuing to attain the 

1997 Annual PM2.5 NAAQS 1 and to take 

additional actions related to Kentucky’s 

request to redesignate the Kentucky 

portion of the Area, which are 

summarized as follows and described in 

greater detail throughout this notice of 

proposed rulemaking: (1) to redesignate 

the Kentucky portion of the HuntingtonAshland Area to attainment for the 1997 

Annual PM2.5 NAAQS; and (2) to 

approve, under section 175A of the 

CAA, Kentucky’s 1997 Annual PM2.5

NAAQS maintenance plan for the 

Commonwealth’s portion of the 

Huntington-Ashland Area into the 

Kentucky SIP. 

First, EPA proposes to determine that 

the Kentucky portion of the HuntingtonAshland Area has met the requirements 

for redesignation under section 

107(d)(3)(E) of the CAA. In this action, 

EPA is proposing to approve a request 

to change the legal designation of Boyd 

County and a portion of Lawrence 

County from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. 

Second, EPA is proposing to approve 

Kentucky’s 1997 Annual PM2.5 NAAQS 

maintenance plan for the Kentucky 

portion of the Huntington-Ashland Area 

(such approval being one of the CAA 

criteria for redesignation to attainment 

status). The maintenance plan is 

designed to help keep the Kentucky 

portion of the Huntington-Ashland Area 

in attainment of the 1997 Annual PM2.5

NAAQS through 2022. As explained in 

Section V, EPA is also proposing to 

approve that attainment can be 

maintained through 2023. The 

maintenance plan that EPA is proposing 

to approve today includes an 

insignificance determination for the onroad motor vehicle contribution of 

direct PM2.5 and NOX to ambient PM2.5

levels in the Kentucky portion of 

Huntington-Ashland Area for 

transportation conformity purposes. 

EPA is proposing to approve (into the 

Kentucky SIP) the on-road motor 

vehicle insignificance finding that is 

included as part of Kentucky’s 

maintenance plan for the 1997 Annual 

PM2.5 NAAQS. 

Further, EPA proposes to make the 

determination that the HuntingtonAshland Area is continuing to attain the 

1997 Annual PM2.5 NAAQS and that all 

other redesignation criteria have been 

met for the Kentucky portion of the 

Huntington-Ashland Area. The bases for 

EPA’s determination for the Area are 

discussed in greater detail below. 

EPA is also providing the public with 

an update on the status of EPA’s 

adequacy process for the on-road motor 

vehicle insignificance determination for 

the Kentucky portion of the HuntingtonAshland Area. Please see section VII of 

this proposed rulemaking for further 

explanation of this process and for 

details. 

Today’s notice of proposed 

rulemaking is in response to Kentucky’s 

February 12, 2012, SIP revision, which 

requests redesignation of the Kentucky 

portion of the Huntington-Ashland Area 

to attainment for the 1997 Annual PM2.5

NAAQS and addresses the specific 

issues summarized above and the 

necessary elements for redesignation 

described in section 107(d)(3)(E) of the 

CAA. 

II. What is the background for EPA’s 

proposed actions? 

Fine particle pollution can be emitted 

directly or formed secondarily in the 

atmosphere. The main precursors of 

secondary PM2.5 are sulfur dioxide 

(SO2), NOX, ammonia and volatile 

organic compounds (VOC). Unless 

otherwise noted by the state or EPA, 

ammonia and VOC are presumed to be 

insignificant contributors to PM2.5

formation, whereas SO2 and NOX are 

presumed to be significant contributors 

to PM2.5 formation. Sulfates are a type 

of secondary particle formed from SO2

emissions of power plants and 

industrial facilities. Nitrates, another 

common type of secondary particle, are 

formed from NOX emissions of power 

plants, automobiles, and other 

combustion sources. 

On July 18, 1997, EPA promulgated 

the first air quality standards for PM2.5. 

EPA promulgated an annual standard at 

a level of 15 micrograms per cubic meter 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations. In 

the same rulemaking, EPA promulgated 

a 24-hour standard of 65 mg/m3, based 

on a 3-year average of the 98th 

percentile of 24-hour concentrations. On 

October 17, 2006, at 71 FR 61144, EPA 

retained the annual average NAAQS at 

15 mg/m3 but revised the 24-hour 

NAAQS to 35 mg/m3, based again on the 

3-year average of the 98th percentile of 

24-hour concentrations.2 Under EPA 

regulations at 40 CFR part 50, the 

primary and secondary 1997 Annual 

PM2.5 NAAQS are attained when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 

CFR part 50, Appendix N, is less than 

or equal to 15.0 mg/m3 at all relevant 

monitoring sites in the subject area over 

a 3-year period. 

On January 5, 2005, at 70 FR 944, and 

supplemented on April 14, 2005, at 70 

FR 19844, EPA designated the 

Huntington-Ashland Area as 

nonattainment for the 1997 PM2.5

NAAQS. In that action, EPA defined the 

1997 PM2.5 Huntington-Ashland Area to 

include Boyd County and a portion of 

Lawrence County in Kentucky; 

Lawrence and Scioto Counties and 

portions of Adams and Gallia Counties 

in Ohio; and Cabell and Wayne 

Counties and a portion of Mason County 

in West Virginia. On November 13, 

2009, at 74 FR 58688, EPA promulgated 

designations for the 24-hour standard 

established in 2006, designating the 

Huntington-Ashland Area as attainment 

for this NAAQS. That action clarified 

that the Huntington-Ashland Area was 

classified unclassifiable/attainment for 

the 24-hour NAAQS promulgated in 


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1997. EPA did not promulgate 

designations for the annual PM2.5

NAAQS promulgated in 2006 since that 

NAAQS was essentially identical to the 

annual PM2.5 NAAQS promulgated in 

1997. Therefore, the HuntingtonAshland Area is designated 

nonattainment for the annual PM2.5

NAAQS promulgated in 1997, and 

today’s action only addresses this 

designation. 

All 1997 PM2.5 NAAQS areas were 

designated under subpart 1 of title I, 

part D, of the CAA. Subpart 1 contains 

the general requirements for 

nonattainment areas for any pollutant 

governed by a NAAQS and is less 

prescriptive than the other subparts of 

title I, part D. On April 25, 2007, at 72 

FR 20664, EPA promulgated its PM2.5

Implementation Rule, codified at 40 

CFR part 51, subpart Z, in which the 

Agency provided guidance for state and 

tribal plans to implement the 1997 PM2.5

NAAQS. That rule, at 40 CFR 

51.1004(c), specifies some of the 

regulatory results of attaining the 

NAAQS, as discussed below. 

The 3-year ambient air quality data for 

2008–2010 indicated no violations of 

the 1997 Annual PM2.5 NAAQS for the 

Huntington-Ashland Area. As a result, 

on February 12, 2012, Kentucky 

requested redesignation of the Kentucky 

portion of the Huntington-Ashland Area 

to attainment for the 1997 Annual PM2.5

NAAQS. The redesignation request 

includes three years of complete, 

quality-assured ambient air quality data 

for the 1997 Annual PM2.5 NAAQS for 

2008–2010, indicating that this NAAQS 

had been achieved for the entire 

Huntington-Ashland Area. Under the 

CAA, nonattainment areas may be 

redesignated to attainment if sufficient, 

complete, quality-assured data is 

available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). From 2007 through 

the present, the annual PM2.5 design 

values for the Huntington-Ashland Area 

have declined. While annual PM2.5

concentrations are dependent on a 

variety of conditions, the overall 

downtrend in annual PM2.5

concentrations in the HuntingtonAshland Area can be attributed to the 

reduction of pollutant emissions, as will 

be discussed in more detail in section V 

of this proposed rulemaking. 

III. What are the criteria for 

redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation provided the following 

criteria are met: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and (5) the state containing such 

area has met all requirements applicable 

to the area under section 110 and part 

D of title I of the CAA. 

EPA has provided guidance on 

redesignation in the General Preamble 

for the Implementation of title I of the 

CAA Amendments of 1990 (April 16, 

1992, 57 FR 13498, and supplemented 

on April 28, 1992, 57 FR 18070) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (hereafter referred to as the 

‘‘Calcagni Memorandum’’); 

2. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; and 

3. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

IV. Why is EPA proposing these 

actions? 

On February 12, 2012, the 

Commonwealth of Kentucky, through 

DAQ, requested the redesignation of the 

Kentucky portion of the HuntingtonAshland Area to attainment for the 1997 

Annual PM2.5 NAAQS. The HuntingtonAshland Area has attained the 1997 

Annual PM2.5 NAAQS, and EPA’s 

preliminary evaluation indicates that 

the Area has met the requirements for 

redesignation set forth in section 

107(d)(3)(E), including the maintenance 

plan requirements under section 175A 

of the CAA. EPA is also announcing the 

status of its adequacy determination for 

both the NOX and direct PM2.5. 

V. What is EPA’s analysis of the 

request? 

As stated above, in accordance with 

the CAA, EPA proposes in today’s 

action to: (1) Redesignate the Kentucky 

portion of the Huntington-Ashland Area 

to attainment for the 1997 Annual PM2.5

NAAQS; and (2) approve into the 

Kentucky SIP the 1997 Annual PM2.5

NAAQS maintenance plan for the 

Kentucky portion of the HuntingtonAshland Area. These actions are based 

upon EPA’s determination that the 

Huntington-Ashland Area continues to 

attain the 1997 Annual PM2.5 NAAQS 

and that all other redesignation criteria 

have been met for the Kentucky portion 

of the Huntington-Ashland Area. The 

five redesignation criteria provided 

under CAA section 107(d)(3)(E) are 

discussed in greater detail for the Area 

in the following paragraphs of this 

section. 

Criteria (1)—The Huntington-Ashland 

Area Has Attained the 1997 Annual 

PM2.5 NAAQS 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). EPA is 

proposing to determine that the 

Huntington-Ashland Area continues to 

attain the 1997 Annual PM2.5 NAAQS. 

For PM2.5, an area may be considered to 

be attaining the 1997 Annual PM2.5

NAAQS if it meets the 1997 Annual 

PM2.5 NAAQS, as determined in 

accordance with 40 CFR 50.13 and 

Appendix N of part 50, based on three 

complete, consecutive calendar years of 

quality-assured air quality monitoring 

data. To attain these NAAQS, the 3-year 

average of the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 mg/m3 at all relevant monitoring 

sites in the subject area over a 3-year 

period. The relevant data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA Air Quality System 

(AQS). The monitors generally should 

have remained at the same location for 

the duration of the monitoring period 

required for demonstrating attainment. 

On September 7, 2011, at 76 FR 

55542, EPA finalized a determination 

that the Huntington-Ashland Area was 

attaining the 1997 PM2.5 NAAQS and 

that this Area attained the 1997 PM2.5

NAAQS by its applicable attainment 

date of April 5, 2011. For that action, 

EPA reviewed PM2.5 monitoring data 

from monitoring stations in the 

Huntington-Ashland Area for the 1997 


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3The Lawrence County Hospital Site was shut 

down in February 2008. The Ironton DOT site began 

operation on the same day the Lawrence County 

Hospital Site ceased monitoring. 

4The Ironton DOT site did not begin operation 

until February 2008. 

Annual PM2.5 NAAQS for 2007–2009. 

The public was provided a 30-day 

comment period to review and provide 

comment to EPA on the analysis of this 

data. EPA did not receive any 

comments, adverse or otherwise, on the 

Agency’s determination that the Area 

had attaining data for the period of 

2007–2009 and continued to have 

attaining data through the finalization of 

EPA’s proposal. As such, EPA is not 

seeking additional comment in today’s 

action regarding this data. As noted in 

EPA’s September 7, 2011, action these 

data were quality-assured and recorded 

in AQS. As summarized in Table 1 

below, the 3-year averages (i.e., design 

values) of the PM2.5 concentrations for 

the years 2009, 2010, and 2011 show 

steady declines in ambient PM2.5

concentrations in the HuntingtonAshland Area. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE HUNTINGTON-ASHLAND AREA FOR THE 1997 ANNUAL PM2.5

NAAQS (μG/M3) 

Location County, state Monitor ID 

3-Year design values 

2007–2009 2008–2010 2009–2011 

Huntington .............................................. Cabell, WV .............................................. 54–011–0006 14.3 13.1 12.1 

Ashland Primary (FIVCO) ....................... Boyd, KY ................................................. 21–019–0017 12.4 11.4 10.8 

Lawrence County Hospital (LCH) 3 ......... Lawrence, OH ......................................... 39–087–0010 13.3 NA NA 

Ironton Department of Transportation 

(DOT) 4.

Lawrence, OH ......................................... 39–087–0012 12.2 12.2 11.4 

Portsmouth .............................................. Scioto, OH .............................................. 39–145–0013 12.3 11.6 10.9 

As discussed above, the design value 

for an area is the highest average annual 

mean concentration recorded at any 

monitor in the area for a 3-year period. 

Therefore, the 3-year annual design 

value submitted by Kentucky for 

redesignation of the HuntingtonAshland Area, for the period 2008– 

2010, is 13.1 mg/m3, which meets the 

NAAQS as described above. Additional 

details can be found in EPA’s final clean 

data determination for the HuntingtonAshland Area (76 FR 55542, September 

7, 2011). The most recent complete, 

quality-assured and certified ambient 

monitoring data result in an annual 

design value for the HuntingtonAshland Area of 12.1 mg/m3, which also 

meets the NAAQS, for the period 2009– 

2011. In addition, EPA has reviewed 

more recent preliminary data that are 

available in AQS for the year 2012, 

although not yet complete and certified, 

and notes that this data also indicates 

the Huntington-Ashland Area continues 

to attain the 1997 PM2.5 NAAQS beyond 

the submitted 3-year attainment period 

of 2008–2010. If the Area does not 

continue to attain before EPA finalizes 

the redesignation, EPA will not go 

forward with the redesignation. As 

discussed in more detail below, the 

Commonwealth of Kentucky has 

committed to continue monitoring in 

this Area in accordance with 40 CFR 

part 58. 

Criteria (5)—Kentucky Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA; and Criteria 

(2)—Kentucky Has a Fully Approved 

SIP Under Section 110(k) for the 

Kentucky Portion of the HuntingtonAshland Area 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the state has met 

all applicable requirements under 

section 110 and part D of title I of the 

CAA (CAA section 107(d)(3)(E)(v)) and 

that the state has a fully approved SIP 

under section 110(k) for the area (CAA 

section 107(d)(3)(E)(ii)). EPA proposes 

to find that Kentucky has met all 

applicable SIP requirements for the 

Kentucky portion of the HuntingtonAshland Area under section 110 of the 

CAA (general SIP requirements) for 

purposes of redesignation. Additionally, 

EPA proposes to find that the Kentucky 

SIP satisfies the criterion that it meet 

applicable SIP requirements for 

purposes of redesignation under part D 

of title I of the CAA (requirements 

specific to 1997 Annual PM2.5

nonattainment areas) in accordance 

with section 107(d)(3)(E)(v). Further, 

EPA proposes to determine that the SIP 

is fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with 

section 107(d)(3)(E)(ii). In making these 

determinations, EPA ascertained which 

requirements are applicable to the Area 

and, if applicable, that they are fully 

approved under section 110(k). SIPs 

must be fully approved only with 

respect to requirements that were 

applicable prior to submittal of the 

complete redesignation request. 

a. The Kentucky Portion of the 

Huntington-Ashland Area Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA 

General SIP requirements. Section 

110(a)(2) of title I of the CAA delineates 

the general requirements for a SIP, 

which include enforceable emissions 

limitations and other control measures, 

means, or techniques; provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality; and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: Submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(New Source Review (NSR) permit 

programs); provisions for air pollution 

modeling; and provisions for public and 

local agency participation in planning 

and emission control rule development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the interstate transport of air pollutants. 

The section 110(a)(2)(D) requirements 

for a state are not linked with a 


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particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications 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, EPA does not 

believe that the CAA’s interstate 

transport requirements should be 

construed to be applicable requirements 

for purposes of redesignation. However, 

as discussed later in this notice, 

addressing pollutant transport from 

other states is an important part of an 

area’s maintenance demonstration. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity and 

oxygenated fuels requirements, as well 

as with section 184 ozone transport 

requirements. See the Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174, October 10, 

1996), (62 FR 24826, May 7, 1997); the 

Cleveland-Akron-Loraine, Ohio, final 

rulemaking (61 FR 20458, May 7, 1996); 

and the Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati, Ohio, 

redesignation (65 FR 37879, June 19, 

2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 

50399, October 19, 2001). 

EPA completed rulemaking on a 

submittal from Kentucky dated August 

26, 2008, addressing ‘‘infrastructure 

SIP’’ elements required under the Clean 

Air Act (CAA or ‘‘the Act’’) section 

110(a)(2) for the 1997 PM2.5 NAAQS on 

October 3, 2012. See 77 FR 60307. 

However, these are statewide 

requirements that are not a consequence 

of the nonattainment status of the 

Huntington-Ashland Area. As stated 

above, EPA believes that section 110 

elements not linked to an area’s 

nonattainment status are not applicable 

for purposes of redesignation. Therefore, 

EPA believes it has approved all SIP 

elements under section 110 that must be 

approved as a prerequisite for 

redesignating the Huntington-Ashland 

Area to attainment. 

Title I, Part D, subpart 1 applicable 

SIP requirements. EPA proposes to 

determine that the Kentucky SIP meets 

the applicable SIP requirements for the 

Kentucky portion of the HuntingtonAshland Area 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. All areas that 

were designated nonattainment for the 

1997 Annual PM2.5 NAAQS were 

designated under subpart 1 of the CAA. 

The applicable subpart 1 requirements 

are contained in sections 172(c)(1)–(9) 

and in section 176. 

For purposes of evaluating this 

redesignation request, the applicable 

part D, subpart 1 SIP requirements for 

all nonattainment areas are contained in 

sections 172(c)(1)–(9) and in section 

176. 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). 

Subpart 1 Section 172 Requirements. 

Section 172(c)(1) requires the plans for 

all nonattainment areas to provide for 

the implementation of all reasonably 

available control measures (RACM) as 

expeditiously as practicable and to 

provide for attainment of the 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. Under 

section 172, states with nonattainment 

areas must submit plans providing for 

timely attainment and meeting a variety 

of other requirements. However, 

pursuant to 40 CFR 51.1004(c), EPA’s 

final determination that the HuntingtonAshland Area was attaining the PM2.5

standard suspended Kentucky’s 

obligation to submit most of the 

attainment planning requirements that 

would otherwise apply. Specifically, the 

determination of attainment suspended 

Kentucky’s obligation to submit an 

attainment demonstration and planning 

SIPs to provide for reasonable further 

progress (RFP), RACM, and contingency 

measures under section 172(c)(9). 

The General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992) also discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining a standard (General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992)). 

Because attainment has been reached 

in the Huntington-Ashland Area, no 

additional measures are needed to 

provide for attainment, and the section 

172(c)(1) requirements for an attainment 

demonstration and RACM are no longer 

considered to be applicable for purposes 

of redesignation as long as the Area 

continues to attain the standard. See 

also 40 CFR 51.1004(c). 

The RFP plan 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 EPA 

has determined that the HuntingtonAshland Area, which includes the 

Kentucky portion of the HuntingtonAshland Area, has monitored 

attainment of the 1997 Annual PM2.5

NAAQS. See General Preamble, 57 FR 

13564. See also 40 CFR 51.1004(c). In 

addition, because the HuntingtonAshland Area has attained the 1997 

Annual PM2.5 NAAQS and is no longer 

subject to a 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. On April 11, 2012, EPA 

approved Kentucky’s 2002 base-year 

emissions inventory for the HuntingtonAshland Area as part of the SIP revision 

submitted by the Commonwealth to 

provide for attainment of the 1997 PM2.5

NAAQS in the Area. See 77 FR 21663. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources to be 

allowed 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 has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

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 


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5CAA Section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from the motor vehicle 

emission budgets that are established in control 

strategy SIPs and maintenance plans. 

Redesignation to Attainment.’’ Kentucky 

has demonstrated that the Kentucky 

portion of the Huntington-Ashland Area 

will be able to maintain the NAAQS 

without part D NSR in effect; therefore, 

Kentucky need not have fully approved 

part D NSR programs prior to approval 

of the redesignation request. Kentucky’s 

PSD program will become effective in 

the Kentucky portion of the HuntingtonAshland Area upon redesignation to 

attainment. 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the NAAQS. 

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, EPA 

believes the Kentucky SIP meets the 

requirements of section 110(a)(2) 

applicable for purposes of 

redesignation. 

Section 176 Conformity 

Requirements. Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure that federallysupported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other federallysupported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA believes it is reasonable to 

interpret the conformity SIP 

requirements 5 as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and federal 

conformity rules apply where state rules 

have not been approved. See Wall v. 

EPA, 265 F.3d 426 (upholding this 

interpretation) (6th Cir. 2001); see also 

60 FR 62748 (December 7, 1995, Tampa, 

Florida). Thus, the Kentucky portion of 

the Huntington-Ashland Area has 

satisfied all applicable requirements for 

purposes of redesignation under section 

110 and part D of the CAA. Nonetheless, 

EPA approved the Kentucky Conformity 

SIP on April 21, 2010. See 75 FR 20780. 

b. The Kentucky Portion of the 

Huntington-Ashland Area Has a Fully 

Approved Applicable SIP Under Section 

110(k) of the CAA 

EPA has fully approved the applicable 

Kentucky SIP for the Kentucky portion 

of the Huntington-Ashland Area for the 

1997 Annual PM2.5 nonattainment area 

under section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall, 265 F.3d 426) plus any 

additional measures it may approve in 

conjunction with a redesignation action 

(see 68 FR 25426 (May 12, 2003) and 

citations therein). Following passage of 

the CAA of 1970, Kentucky has adopted 

and submitted, and EPA has fully 

approved at various times, provisions 

addressing the various SIP elements 

applicable for the 1997 Annual PM2.5

NAAQS in the Kentucky portion of the 

Huntington-Ashland Area (77 FR 60307, 

October 3, 2012). 

As indicated above, EPA believes that 

the section 110 elements not connected 

with nonattainment plan submissions 

and not linked to the area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. In addition, EPA believes 

that since the part D subpart 1 

requirements did not become due prior 

to submission of the redesignation 

request, they are also not applicable 

requirements for purposes of 

redesignation. Sierra Club v. EPA, 375 

F.3d 537 (7th Cir. 2004); 68 FR 25424, 

25427 (May 12, 2003) (redesignation of 

the St. Louis-East St. Louis Area to 

attainment of the 1-hour ozone 

NAAQS). EPA has approved all Part D 

subpart 1 requirements applicable for 

purposes of this redesignation. 

Criteria (3)—The Air Quality 

Improvement in the Kentucky Portion of 

the Huntington-Ashland 1997 Annual 

PM2.5 NAAQS Nonattainment Area 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 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the air quality 

improvement in the area 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 (CAA section 

107(d)(3)(E)(iii)). EPA believes that 

Kentucky has demonstrated that the 

observed air quality improvement in the 

Kentucky portion of the HuntingtonAshland Area is due to permanent and 

enforceable reductions in emissions 

resulting from implementation of the 

SIP, federal measures, and other state 

adopted measures. 

Fine particulate matter, or PM2.5, 

refers to airborne particles less than or 

equal to 2.5 micrometers in diameter. 

Although treated as a single pollutant, 

fine particles come from many different 

sources and are composed of many 

different compounds. One of the largest 

components of PM2.5 is sulfate, which is 

formed through various chemical 

reactions from the precursor SO2. The 

other major component of PM2.5 is 

organic carbon, which originates 

predominantly from biogenic emission 

sources. Nitrate, which is formed from 

the precursor NOX, is also a component 

of PM2.5. Crustal materials from 

windblown dust and elemental carbon 

from combustion sources are less 

significant contributors to total PM2.5. 

State and federal measures enacted in 

recent years have resulted in permanent 

emission reductions. Most of these 

emission reductions are enforceable 

through regulations. A few nonregulatory measures also result in 

emission reductions. The federal 

measures that have been implemented 

include: 

Tier 2 vehicle standards. In addition 

to requiring NOX controls, the Tier 2 

rule reduced the allowable sulfur 

content of gasoline to 30 parts per 

million (ppm) starting in January of 

2006. Most gasoline sold prior to this 

had a sulfur content of approximately 

300 ppm. 

Heavy-duty gasoline and diesel 

highway vehicle standards. The second 

phase of the standards and testing 

procedures, which began in 2007, 

reduces particulate matter (PM) and 

NOX from heavy-duty highway engines 

and also reduces highway diesel fuel 

sulfur content to 15 ppm. The total 

program is expected to achieve a 90 and 

95 percent reduction in PM and NOX

emissions from heavy-duty highway 

engines, respectively. 

Nonroad spark-ignition engines and 

recreational engines standards. Tier 1 of 

this standard, implemented in 2004, and 

Tier 2, implemented in 2007, have 

reduced and will continue to reduce PM 

emissions. 


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6The Court’s judgment is not final, as of 

November 7, 2012, as the mandate has not yet been 

issued. 

7Entered with the United States District Court for 

the Southern District of Ohio Eastern Division 

(United States of America and State of New York, 

et al., v. American Electric Power Service Corp., et 

al., No. C2–99–1250 and 1182 (consolidated)). 

Large nonroad diesel engine 

standards. Promulgated in 2004, this 

rule is being phased in between 2008 

and 2014. This rule will reduce sulfur 

content in nonroad diesel fuel and, 

when fully implemented, will reduce 

NOX and direct PM2.5 emissions by over 

90 percent from these engines. 

Reciprocating Internal Combustion 

Engine Standard. Promulgated in 2010, 

this rule regulates emissions of air 

toxics from existing diesel powered 

stationary reciprocating internal 

combustion engines that meet specific 

site rating, age, and size criteria. When 

all of the reciprocating internal 

combustion engine standards are fully 

implemented in 2013, EPA estimates 

that annual PM2.5 emissions from these 

engines will be reduced by 

approximately 2,800 tons. 

Category 3 Marine Diesel Engine 

Standards. Promulgated in 2010, this 

rule establishes more stringent exhaust 

emission standards for new large marine 

diesel engines with per cylinder 

displacement at or above 30 liters 

(commonly referred to as Category 3 

compression-ignition marine engines) as 

part of a coordinated strategy to address 

emissions from all ships that effect U.S. 

air quality. Near-term standards for 

newly built engines will apply 

beginning in 2011, and long-term 

standards requiring an 80 percent 

reduction in NOX emissions will begin 

in 2016. 

NOX SIP Call. On October 27, 1998 

(63 FR 57356), EPA issued the 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. 

CAIR and the Transport Rule. On May 

12, 2005, EPA published the Clean Air 

Interstate Rule (CAIR), which requires 

significant reductions in emissions of 

SO2 and NOX from electric generating 

units to limit the interstate transport of 

these pollutants and the ozone and fine 

particulate matter they form in the 

atmosphere. See 76 FR 25162. The D.C. 

Circuit initially vacated CAIR, North 

Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), but ultimately remanded the rule 

to EPA without vacatur to preserve the 

environmental benefits provided by 

CAIR, North Carolina v. EPA, 550 F.3d 

1176, 1178 (D.C. Cir. 2008). In response 

to the Court’s decision, EPA issued the 

Transport Rule, also known as the 

Cross-State Air Pollution Rule, to 

address interstate transport of SO2 and 

NOX in the eastern United States. See 76 

FR 48208 (August 8, 2011). On August 

21, 2012, the D.C. Circuit issued a 

decision to vacate the Transport Rule. In 

that decision, the Court also ordered 

EPA to continue administering CAIR 

‘‘pending the promulgation of a valid 

replacement.’’ EME Homer Generation, 

L.P. v. EPA, No. 11–1302 (D.C. Cir., 

August 21, 2012).6

In light of the these unique 

circumstances and for the reasons 

explained below, EPA proposes to 

approve the redesignation request and 

the related SIP revision for Boyd County 

and a portion of Lawrence County in 

Kentucky, including Kentucky’s plan for 

maintaining attainment of the standard 

in the Kentucky portion of the 

Huntington-Ashland Area. The air 

quality modeling analysis conducted for 

the Transport Rule demonstrates that 

the Huntington-Ashland Area would be 

able to attain the 1997 Annual PM2.5

NAAQS even in the absence of either 

CAIR or the Transport Rule. See ‘‘Air 

Quality Modeling Final Rule Technical 

Support Document,’’ App. B, B–44, B– 

55—56, and B–62. This modeling is 

available in the docket for this proposed 

redesignation action. Nothing in the 

D.C. Circuit’s August 2012 decision 

disturbs or calls into question that 

conclusion or the validity of the air 

quality analysis on which it is based. 

In addition, CAIR remains in place 

and enforceable until substituted by a 

‘‘valid’’ replacement rule. Kentucky’s 

SIP revision lists CAIR as a control 

measure that became state-effective 

February 2, 2007, and was approved by 

EPA on October 4, 2007, for the purpose 

of reducing SO2 and NOX emissions. 

The monitoring data used to 

demonstrate the area’s attainment of the 

1997 Annual PM2.5 NAAQS by the April 

2010 attainment deadline was also 

impacted by CAIR. To the extent that 

Kentucky is relying on CAIR in its 

maintenance plan, the recent directive 

from the D.C. Circuit in EME Homer 

ensures that the reductions associated 

with CAIR will be permanent and 

enforceable for the necessary time 

period. EPA has been ordered by the 

Court to develop a new rule, and the 

opinion makes clear that after 

promulgating that new rule EPA must 

provide states an opportunity to draft 

and submit SIPs to implement that rule. 

CAIR thus cannot be replaced until EPA 

has promulgated a final rule through a 

notice-and-comment rulemaking 

process, states have had an opportunity 

to draft and submit SIPs, EPA has 

reviewed the SIPs to determine whether 

they can be approved, and EPA has 

taken action on the SIPs, including 

promulgation of a federal 

implementation plan, if appropriate. 

These steps alone will take many years, 

even with EPA and the states acting 

expeditiously. The Court’s clear 

instruction to EPA that it must continue 

to administer CAIR until a ‘‘valid 

replacement’’ exists provides an 

additional backstop; by definition, any 

rule that replaces CAIR and meets the 

Court’s direction would require upwind 

states to eliminate significant 

downwind contributions to downwind 

nonattainment and prevent interference 

with maintenance in downwind areas. 

Further, in vacating the Transport 

Rule and requiring EPA to continue 

administering CAIR, the D.C. Circuit 

emphasized that the consequences of 

vacating CAIR ‘‘might be more severe 

now in light of the reliance interests 

accumulated over the intervening four 

years.’’ EME Homer, slip op. at 60. The 

accumulated reliance interests include 

the interests of states who reasonably 

assumed they could rely on reductions 

associated with CAIR, which brought 

certain nonattainment areas into 

attainment with the NAAQS. If EPA 

were prevented from relying on 

reductions associated with CAIR in 

redesignation action, states would be 

forced to impose additional, redundant 

reductions on top of those achieved by 

CAIR. EPA believes this is precisely the 

type of irrational result the Court sought 

to avoid by ordering EPA to continue 

administering CAIR. For these reasons 

also, EPA believes it is appropriate to 

allow states to rely on CAIR, and the 

existing emission reductions achieved 

by CAIR, as sufficiently permanent and 

enforceable for purposes such as 

redesignation. Following promulgation 

of the replacement rule, EPA will 

review SIPs as appropriate to identify 

whether there are any issues that need 

to be addressed. 

Other measures. There are also other 

actions, independent of CAIR, which 

have led to permanent and enforceable 

emission reductions at EGUs located 

within the Huntington-Ashland Area. 

For example, in the Kentucky portion of 

the Huntington-Ashland Area, the Big 

Sandy Power Station was required by a 

federally enforceable consent decree 7

and 2007 settlement agreement to install 

and continuously operate selective 

catalytic reduction (SCR) to reduce NOX

emissions from Unit 2 beginning 

January 1, 2009. The plant is also 


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8 Id. 

9Entered with the United States District Court for 

the Southern District of Ohio, Eastern Division 

(Sierra Club and Marilyn Wall v. The Dayton Power 

and Light Company, Duke Energy Ohio, Inc., and 

Columbus Southern Power Co., Civil Action No. 2: 

04–cv–905). 

10BACT is a source emissions limitation that is 

based on the maximum degree of control that can 

be achieved and is generally implemented through 

the prevention of significant deterioration (PSD) 

permitting program. 

11 Data reflects reported actual emissions from the 

Clean Air Markets Division Database at http:// 

ampd.epa.gov/ampd/. 

required to install and continuously 

operate flue gas desulfurization (FGD) to 

reduce SO2 emissions from Unit 2 

beginning December 31, 2015. 

Operation of FGD controls has a cobenefit of reducing direct PM2.5

emissions as well. In the Ohio and West 

Virginia portions of the Area, a federally 

enforceable consent decree 8 and 2007 

settlement agreement require the 

General James M. Gavin Power Plant 

(Ohio) and Mountaineer Power Plant 

(West Virginia) to install and 

continuously operate SCR and FGD on 

specified units and the Philip Sporn 

Plant (West Virginia) to retire, retrofit, 

or re-power one unit. Another consent 

decree,9 to which EPA was not a party, 

requires the J.M. Stuart Power Plant 

(Ohio) to install and continuously 

operate SCR on all of its units. To the 

extent that power plant emission 

reductions contributed to attainment in 

the Huntington-Ashland Area, these 

reductions are permanent and 

enforceable. 

In addition to the consent decrees for 

power plants, Kentucky provided 

information in its submittal regarding 

other consent decrees in and near the 

Huntington-Ashland Area. In Greenup 

County, which is adjacent to the 

Huntington-Ashland PM2.5

nonattainment area, E.I. Dupont will 

reduce SO2 emissions at four sulfuric 

acid units with measures equivalent to 

best available control technology 

(BACT) 10 and will continue to 

implement best work practices. AK 

Steel—Ashland Works, located in Boyd 

County, ceased all coke plant operations 

by June 23, 2011, as confirmed through 

a shutdown notification letter to DAQ. 

EPA notes that although Kentucky did 

not take credit for these consent decrees 

and shutdowns in their projection 

inventories, they are permanent and 

enforceable reductions that will 

contribute to further SO2 and NOX

emission reductions in the HuntingtonAshland Area. 

The state measures that have been 

implemented to date and relied upon by 

Kentucky to demonstrate attainment 

and/or maintenance include the 

Commonwealth of Kentucky NOX SIP 

Call regulations, open burning bans, and 

fugitive emission standards. 

EPA believes that reductions in 

emissions of direct PM2.5 and PM2.5

precursors in and around the 

Huntington-Ashland Area have 

contributed to improved air quality. The 

majority of the improvement in ambient 

PM2.5 concentrations has resulted from 

reductions in emissions from coal fired 

power plants that were prompted by the 

NOX SIP Call and CAIR. A summary of 

the emission reductions from 2005 to 

2009 for the entire Huntington-Ashland 

Area is provided in Table 2 below. 

EPA’s analysis shows that the 

reductions of SO2 and NOX emissions, 

in tons per year (tpy), were greater than 

decreases in emissions that could be 

attributed to any decrease in electrical 

demand in the Huntington-Ashland 

Area. While the average SO2 and NOX

emission reductions from coal fired 

utilities in the Huntington-Ashland 

Area for the period 2005–2009 were 47 

percent and 68 percent, respectively, the 

average facility power production in 

terms of heat input decreased by only 

about 5 percent during the same period. 

Furthermore, as discussed below, 

Kentucky’s maintenance plan provides 

for verification of continued attainment 

by performing future reviews of 

triennial emissions inventories and also 

for contingency measures to ensure that 

the NAAQS is maintained into the 

future if monitored increases in ambient 

PM2.5 concentrations occur. 

TABLE 2—ACTUAL EMISSION REDUCTIONS FROM COAL FIRED UTILITIES IN THE HUNTINGTON-ASHLAND AREA FOR THE

PERIOD 2005–2009 11

Facility—County 

Emission differences from 2005 to 2009 (tpy) 

SO2 Percent 

reduction NOX Percent reduction 

Kentucky: 

Big Sandy—Lawrence County .................................................................. 9,873 20 7,621 61 

West Virginia: 

Mountaineer—Mason County ................................................................... 40,214 94 10,073 79 

Philip Sporn—Mason County ................................................................... 22,433 57 5,020 56 

Ohio: 

J.M. Stuart—Adams County ..................................................................... 42,224 40 16,124 66 

Killen Station—Adams County ................................................................. 17,592 90 3,083 52 

Gen J.M. Gavin—Gallia County ............................................................... 1,701 6 31,800 82 

Kyger Creek—Gallia County .................................................................... 16,032 22 15,209 82 

Criteria (4)—The Kentucky Portion of 

the Huntington-Ashland Area Has a 

Fully Approved Maintenance Plan 

Pursuant to Section 175A of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has a 

fully approved maintenance plan 

pursuant to section 175A of the CAA 

(CAA section 107(d)(3)(E)(iv)). In 

conjunction with its request to 

redesignate the Kentucky portion of the 

Huntington-Ashland Area to attainment 

for the 1997 Annual PM2.5 NAAQS, 

DAQ submitted a SIP revision to 

provide for the maintenance of the 1997 

Annual PM2.5 NAAQS for at least 10 

years after the effective date of 

redesignation to attainment. EPA 

believes this maintenance plan meets 

the requirements for approval under 

section 175A of the CAA. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the 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 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 


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12PM2.5 and NOX MVEB are not required for the 

Kentucky portion of the Huntington-Ashland Area 

due to the insignificance finding for the mobile 

sources. 

after the redesignation, the 

Commonwealth of Kentucky must 

submit a revised maintenance plan, 

which demonstrates that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, as EPA deems 

necessary, to assure prompt correction 

of any future 1997 Annual PM2.5

violations. The Calcagni Memorandum 

provides further guidance on the 

content of a maintenance plan, 

explaining that a maintenance plan 

should address five requirements: The 

attainment emissions inventory, 

maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. As 

is discussed more fully below, EPA 

finds that the Commonwealth’s 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Kentucky SIP. 

b. Attainment Emissions Inventory 

The Huntington-Ashland Area 

attained the 1997 Annual PM2.5 NAAQS 

based on monitoring data for the 3-year 

period from 2007–2009. The 

Commonwealth selected 2008 as the 

attainment emission inventory year. The 

attainment inventory identifies a level 

of emissions in the Area that is 

sufficient to attain the 1997 Annual 

PM2.5 NAAQS. The Commonwealth 

began development of the attainment 

inventory by first generating a baseline 

emissions inventory for the HuntingtonAshland Area. As noted above, the year 

2008 was chosen as the base year for 

developing a comprehensive emissions 

inventory for the primary PM2.5

precursors, SO2 and NOX, for which 

projected emissions could be developed 

for 2015 and 2022. The projected 

inventory included with the 

maintenance plan estimates emissions 

forward to 2022, which is at the 10-year 

interval required in section 175A of the 

CAA. In addition to comparing the final 

year of the plan, Kentucky compared an 

interim year to the 2008 baseline to 

demonstrate that these years are also 

expected to show continued 

maintenance of the annual fine 

particulate matter standard. 

The emissions inventories are 

composed of four major types of 

sources: Point, area, on-road mobile and 

non-road mobile. The attainment and 

future year emissions inventories were 

projected by the Visibility Improvement 

State and Tribal Association of the 

Southeast and the Lake Michigan Air 

Directors Consortium using the 2005 

base year inventory methodology as 

provided in the Appendix D of 

Kentucky’s Submittal. The future year 

emissions inventories have been 

estimated using projected rates of 

growth in population, traffic, economic 

activity, expected control programs, and 

other parameters. Non-road mobile 

emissions estimates were based on the 

EPA’s NONROAD model, with the 

exception of the railroad locomotives, 

commercial marine, and aircraft engine. 

These emissions are estimated by taking 

activity data, such as landings and 

takeoffs, and multiplying by an 

Economic Growth Analysis System 

emission factor. On-road mobile source 

emissions were calculated using EPA’s 

MOVES2010 mobile emission factors 

model. The 2008 SO2, NOX and PM2.5

emissions for the Huntington-Ashland 

Area, as well as the emissions for other 

years, were developed consistent with 

EPA guidance and are summarized in 

Table 6 of the following subsection 

discussing the maintenance 

demonstration. 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the Area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Calcagni Memorandum, 

p. 9. Where the emissions inventory 

method of showing maintenance is 

used, the purpose is to show that 

emissions during the maintenance 

period will not increase over the 

attainment year inventory. Calcagni 

Memorandum, pp. 9–10. 

As discussed in detail in the 

subsection below, Kentucky’s 

maintenance plan submission expressly 

documents that the Area’s emissions 

inventories will remain below the 

attainment year inventories through 

2022. Projected emissions inventory 

levels in 2022 are well below the 

attainment year inventory levels, and it 

is highly improbable that they will 

suddenly increase and exceed 

attainment year inventory levels in 

2023. In addition, for the reasons set 

forth below, EPA believes that the 

Commonwealth’s submission, in 

conjunction with additional supporting 

information, further demonstrates that 

the Area will continue to maintain the 

1997 Annual PM2.5 NAAQS at least 

through 2023. Thus, if EPA finalizes its 

proposed approval of the redesignation 

request and maintenance plans in 2013, 

the approval will be based upon this 

showing, in accordance with section 

175A, and EPA’s analysis described 

herein, that the Commonwealth’s 

maintenance plan provides for 

maintenance for at least ten years after 

redesignation. 

c. Maintenance Demonstration 

The February 12, 2012, final submittal 

includes a maintenance plan for the 

Kentucky portion of the HuntingtonAshland Area. This demonstration: 

(i) Shows compliance with and 

maintenance of the annual PM2.5

standard by providing information to 

support the demonstration that current 

and future emissions of SO2, NOX and 

PM2.5 remain at or below 2008 

emissions levels. 

(ii) Uses 2008 as the attainment year 

and includes future emission inventory 

projections for 2015 and 2022. 

(iii) Identifies an ‘‘out year’’ at least 10 

years after EPA review and potential 

approval of the maintenance plan. Per 

40 CFR part 93, NOX and PM2.5 MVEB 

were considered for the last year (2022) 

of the maintenance plan.12

(iv) Provides, as shown in Tables 3, 4, 

and 5 below, the actual and projected 

emissions inventories, in tpy, for the 

Kentucky portion of the HuntingtonAshland Area. Kentucky incorporated 

the expected CAIR reductions into the 

projected SO2 and NOX inventories. The 

projected direct PM2.5 inventories do not 

include any reductions achieved as a cobenefit of CAIR implementation. Table 6 

shows the 2008 actual and 2015 and 

2022 projected emissions inventories for 

the entire Huntington-Ashland Area. 


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13 In Kentucky, speciation data shows that the 

sulfate (SO4) component accounts for 

approximately one-third of the total ambient PM2.5

mass; the direct PM (organic carbon) component 

accounts for approximately one-fourth of the total 

ambient PM2.5 mass; and the nitrate (NH4 and NO3) 

component accounts for approximately one tenth of 

the total ambient PM2.5 mass. See Figure 1.3–4 of 

‘‘The Kentucky Fine Particulate Matter (PM2.5) 

Attainment Demonstration for the Louisville, KYIN, Cincinnati-Middletown, OH–KY–IN, and 

Huntington-Ashland, WV-KY-OH PM2.5

Nonattainment Areas,’’ November 2008. 

TABLE 3—ACTUAL (2008) AND PROJECTED DIRECT PM2.5 EMISSIONS FOR THE KENTUCKY PORTION OF THE HUNTINGTONASHLAND AREA (tpy) 

Sector 2008 2015 2022 

Point ............................................................................................................................................. 12,329.81 7,374.04 4,191.06 

Area ............................................................................................................................................. 124.25 120.60 117.98 

Non-road ...................................................................................................................................... 756.77 798.60 841.16 

On-road ........................................................................................................................................ 104.18 54.28 30.77 

Total ...................................................................................................................................... 13,315.01 8,347.52 5,180.97 

TABLE 4—ACTUAL (2008) AND PROJECTED NOX EMISSIONS FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND

AREA (tpy) 

Sector 2008 2015 2022 

Point ............................................................................................................................................. 17,952.52 19,919.31 21,886.10 

Area ............................................................................................................................................. 3,182.45 2,963.14 2,743.37 

Non-road ...................................................................................................................................... 50.84 58.01 63.68 

On-road ........................................................................................................................................ 2,311.75 1,225.13 685.60 

Total ...................................................................................................................................... 23,497.56 24,165.59 25,378.75 

TABLE 5—ACTUAL (2008) AND PROJECTED SO2 EMISSIONS FOR THE KENTUCKY PORTION OF THE HUNTINGTON-ASHLAND

AREA (tpy) 

Sector 2008 2015 2022 

Point ............................................................................................................................................. 46,835.66 17,880.04 23,873.83 

Area ............................................................................................................................................. 398.09 378.52 373.13 

Non-road ...................................................................................................................................... 579.92 606.63 626.51 

On-road ........................................................................................................................................ 12.36 12.62 12.83 

Total ...................................................................................................................................... 47,826.03 18,877.81 24,886.30 

TABLE 6—ACTUAL (2008) AND PROJECTED TOTAL EMISSION ESTIMATES FOR THE ENTIRE HUNTINGTON-ASHLAND AREA

(tpy) 

Year PM2.5 (tpy) NOX (tpy) SO2 (tpy) 

2008 ............................................................................................................................................. 20,990.20 152,377.14 230,690.12 

2015 ............................................................................................................................................. 15,907.51 104,680.23 135,946.22 

2022 ............................................................................................................................................. 12,601.44 83,700.01 113,779.08 

Decrease from 2008 to 2022 ....................................................................................................... 8,388.76 68,677.13 116,911.04 

In situations where local emissions 

are the primary contributor to 

nonattainment, if the future projected 

emissions in the nonattainment area 

remain at or below the baseline 

emissions in the nonattainment area, 

then the ambient air quality standard 

should not be violated in the future. As 

reflected in Table 6, future emissions of 

all the relevant pollutants in the 

Huntington-Ashland Area are expected 

to be well below the 2008 ‘‘attainment 

level’’ emissions, thus illustrating that 

the Huntington-Ashland Area is 

expected to continue to attain the 1997 

Annual PM2.5 NAAQS through 2022. 

Further, as reflected in Tables 3 through 

5, future emissions direct PM2.5 and SO2

in the Kentucky portion of the 

Huntington-Ashland Area are expected 

to be well below the 2008 ‘‘attainment 

level’’ emissions, while future emissions 

NOX are expected to be slightly above 

the 2008 ‘‘attainment level’’ emissions. 

Because the SO2 and direct PM 

components are more significant to 

ambient PM2.5 levels than the nitrate 

contribution,13 the significant projected 

reductions in these pollutants indicate 

that future emissions in the Kentucky 

portion of the Huntington-Ashland Area 

are expected to support continued 

maintenance of the 1997 Annual PM2.5

NAAQS through 2022. 

A maintenance plan requires the state 

to show that projected future year 

emissions will not exceed the level of 

emissions which led the area to attain 

the NAAQS. Kentucky has 

demonstrated maintenance by 

projecting emissions in 2022, as 

described previously, that will remain 

below those in the 2008 attainment year. 

As noted above, EPA believes that 

several pertinent factors demonstrate 

that the Huntington-Ashland Area will 

continue to maintain the 1997 Annual 

PM2.5 NAAQS at least through the year 

2023. These include the circumstances 

that (1) all of the state and federal 

regulatory requirements that enabled the 

Area to attain the NAAQS will continue 

to be in effect and enforceable after the 

10-year maintenance period; (2) the 


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most recent complete, quality-assured 

and certified annual PM2.5 design value 

(for the period 2009 to 2011) for the 

Area of 12.1 mg/m3 is well below the 

standard of 15.0 mg/m3; (3) as discussed 

in detail below, EPA is proposing in this 

action to approve Kentucky’s 

determination that the direct PM2.5 and 

NOX contribution from motor vehicle 

emissions is insignificant for the Area 

and thus does not expect such 

emissions to contribute significantly to 

future ambient PM2.5 levels; and (4) as 

noted above, several of the largest 

sources in the Area have been required 

by permanent and enforceable consent 

decrees to install controls that achieve 

reductions in SO2 and NOX emissions as 

well as reductions in direct PM2.5

emissions. Therefore, EPA expects the 

projected downward trend in pollutant 

emissions in the Huntington-Ashland 

Area from the 2008 attainment year 

through the 2022 maintenance year, as 

shown in Table 6 above, to continue for 

at least the one additional year past 

2022. 

d. Monitoring Network 

There are currently four monitors 

measuring PM2.5 in the HuntingtonAshland Area (one in the Kentucky 

portion of the Area, one in the West 

Virginia portion of the Area, and two in 

the Ohio portion of the Area). The 

Commonwealth of Kentucky, through 

DAQ, has committed to continue 

operation of the monitors in the 

Kentucky portion of the HuntingtonAshland Area in compliance with 40 

CFR part 58 and have thus addressed 

the requirement for monitoring. EPA 

approved Kentucky’s 2011 monitoring 

plan on October 20, 2011. Ohio and 

West Virginia have made similar 

commitments in their redesignation and 

maintenance plan submissions to EPA 

for this Area. 

e. Verification of Continued Attainment 

The Commonwealth of Kentucky, 

through DAQ, has the legal authority to 

enforce and implement the 

requirements of the Kentucky portion of 

the Huntington-Ashland Area 1997 

Annual PM2.5 maintenance plan. This 

includes the authority to adopt, 

implement and enforce any subsequent 

emissions control contingency measures 

determined to be necessary to correct 

future PM2.5 attainment problems. 

DAQ will track the progress of the 

maintenance plan by performing future 

reviews of triennial emission 

inventories for the Kentucky portion of 

the Huntington-Ashland Area as 

required in the Air Emissions Reporting 

Rule (AERR) and Consolidated 

Emissions Reporting Rule (CERR). For 

these periodic inventories, DAQ will 

review the assumptions made for the 

purpose of the maintenance 

demonstration concerning projected 

growth of activity levels. If any of these 

assumptions appear to have changed 

substantially, then DAQ will re-project 

emissions for the Kentucky portion of 

the Huntington-Ashland Area. 

f. Contingency Measures in the 

Maintenance Plan. 

The contingency measures are 

designed to promptly correct a violation 

of the NAAQS that occurs after 

redesignation. 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, and a time limit for 

action by the state. A state should also 

identify specific indicators to be used to 

determine when the contingency 

measures need to be implemented. The 

maintenance plan must include a 

requirement that a state will implement 

all measures with respect to control of 

the pollutant that were contained in the 

SIP before redesignation of the area to 

attainment in accordance with section 

175A(d). 

In the February 12, 2012, revision, 

Kentucky affirms that all programs 

instituted by the Commonwealth and 

EPA will remain enforceable and that 

sources are prohibited from reducing 

emissions controls following the 

redesignation of the Area. The 

contingency plan included in the 

submittal includes a 2-step triggering 

mechanism to determine when 

contingency measures are needed and a 

process of developing and 

implementing appropriate control 

measures. The Commonwealth will use 

actual ambient monitoring data as the 

triggering event to determine when 

contingency measures should be 

implemented. The secondary trigger is a 

pre-violation trigger, and thus activation 

does not necessarily mean a violation of 

the annual PM2.5 NAAQS has occurred 

or will occur. This pre-violation trigger 

allows the Commonwealth to begin 

evaluating the causes of increased 

ambient PM2.5 concentrations and take 

corrective action to prevent a future 

violation. In the contingency plan, 

Kentucky has committed to taking 

action on the activation of a primary or 

secondary trigger. These triggers and the 

actions resulting from them are 

discussed more fully below. 

Kentucky has identified a primary 

trigger as occurring when the 3-year 

average of annual mean PM2.5

concentrations in the HuntingtonAshland Area is greater than the 1997 

Annual PM2.5 NAAQS of 15.0 mg/m3. In 

the event of a monitored violation of the 

1997 Annual NAAQS, the 

Commonwealth commits to adopting 

one or more of the following control 

measures within nine months in order 

to bring the Area into compliance. All 

regulatory programs will be 

implemented within 18 months of the 

triggering monitored violation: 

• Implementation of a program to 

require additional emissions reductions 

on stationary sources; 

• Implementation of fuel programs, 

including incentives for alternative 

fuels; 

• Restriction of certain roads or lanes, 

or construction of such lanes for use by 

passenger buses or high-occupancy 

vehicles; 

• Trip-reduction ordinances; 

• Employer-based transportation 

management plans, including 

incentives; 

• Programs to limit or restrict vehicle 

use in downtown areas, or other areas 

of emission concentration, particularly 

during periods of peak use; 

• Programs for new construction and 

major reconstruction of paths or tracks 

for use by pedestrians or by nonmotorized vehicles when economically 

feasible and in the public interest; 

• Diesel reduction emissions 

strategies, including diesel retrofit 

programs; 

• Any other control program that is 

developed and deemed to be more 

advantageous for the area. 

A secondary trigger will occur in the 

event that a measured value of the 

weighted annual mean is 15.5 mg/m3 or 

greater in a single calendar year in any 

portion of the maintenance area. In such 

a case, the Commonwealth will evaluate 

existing control measures and determine 

whether any further emission reduction 

measures should be implemented. In 

addition to the triggers indicated above, 

Kentucky will monitor regional 

emissions through the CERR and AERR 

and compare them to the projected 

inventories and the attainment year 

inventory. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: Attainment 

inventory, monitoring network, 

verification of continued attainment, 

and a contingency plan. Therefore, the 

maintenance plan SIP revision 

submitted by the Commonwealth of 

Kentucky for the Kentucky portion of 


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14 In the March 24, 2010, final rule (75 FR 14260), 

provisions for insignificance determinations were 

outlined in 40 CFR 93.109(m). EPA revised 40 CFR 

93.109 in its March 14, 2012, final rule (77 FR 

14979), and the provisions for insignificance 

determinations are now located at 40 CFR 93.109(f). 

the Huntington-Ashland Area meets the 

requirements of section 175A of the 

CAA and is approvable. 

VI. What is EPA’s analysis of 

Kentucky’s proposed regional on-road 

motor vehicle insignificance 

determination for the Kentucky portion 

of the Huntington-Ashland area? 

Under section 176(c) of the CAA, new 

transportation plans, programs, and 

projects, such as the construction of 

new highways, must ‘‘conform’’ to (i.e., 

be consistent with) the part of the state’s 

air quality plan that addresses pollution 

from cars and trucks. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the NAAQS 

or any interim milestones. If a 

transportation plan does not conform, 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. The 

regional emissions analysis is one, but 

not the only, requirement for 

implementing transportation 

conformity. Transportation conformity 

is a requirement for nonattainment and 

maintenance areas. Maintenance areas 

are areas that were previously 

nonattainment for a particular NAAQS 

but have since been redesignated to 

attainment with an approved 

maintenance plan for that NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs and maintenance plans in 

nonattainment areas. These control 

strategy SIPs (including RFP and 

attainment demonstration) and 

maintenance plans create MVEBs for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR part 93, a 

MVEB must be established for the last 

year of the maintenance plan. A state 

may adopt MVEBs for other years as 

well. The MVEB is the portion of the 

total allowable emissions in the 

maintenance demonstration that is 

allocated to highway and transit vehicle 

use and emissions. See 40 CFR 93.101. 

The MVEB serves as a ceiling on 

emissions from an area’s planned 

transportation system. The MVEB 

concept is further explained in the 

preamble to the November 24, 1993, 

Transportation Conformity Rule (58 FR 

62188). The preamble also describes 

how to establish the MVEB in the SIP 

and how to revise the MVEB. 

Today’s action addresses the element 

regarding on-road motor vehicle 

emissions and the requirement to 

establish MVEB. EPA is proposing to 

find that the direct PM2.5 and NOX

emission contribution from motor 

vehicles to the air pollution in the 

Kentucky portion of the HuntingtonAshland Area are insignificant. The 

result of this determination, if finalized, 

is that Kentucky will not need to 

develop MVEB for direct PM2.5 and NOX

for the Kentucky portion of the Area and 

the MPO will not need to perform a 

regional emissions analysis for either 

pollutant when it demonstrates 

conformity. See below for further 

information on the insignificance 

determination. 

Regional on-road motor vehicle 

insignificance. For motor vehicle 

emissions budgets to be approvable, 

they must meet, at a minimum, EPA’s 

adequacy criteria (40 CFR 93.118(e)(4)). 

In certain instances, the Transportation 

Conformity Rule allows areas to forgo 

establishment of a MVEB where it is 

demonstrated that the regional motor 

vehicle emissions for a particular 

pollutant or precursor are an 

insignificant contributor to the air 

quality problem in an area. The general 

criteria for insignificance 

determinations can be found in 40 CFR 

93.109(f). Insignificance determinations 

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. EPA’s rationale for 

providing for insignificance 

determinations is described in the July 

1, 2004, revision to the Transportation 

Conformity Rule at 69 FR 40004.14

Specifically, the rationale is explained 

on page 40061 under the subsection 

entitled ‘‘XXIII.B. Areas With 

Insignificant Motor Vehicle Emissions.’’ 

Any insignificance determination under 

review by EPA is subject to the 

adequacy and approval process for 

EPA’s action on the SIP. 

Through the adequacy and SIP 

approval process, EPA may find that a 

SIP demonstrates that regional motor 

vehicle emissions are an insignificant 

contributor to the air quality problem 

for the pollutant or precursor at issue. 

Upon the effective date of EPA’s 

adequacy determination, federal 

regulations no longer require a regional 

emissions analysis (for the purpose of 

transportation conformity 

implementation) for the relevant 

pollutant or precursor. Areas with 

insignificant regional motor vehicle 

emissions for a pollutant or precursor 

are still required to make a conformity 

determination that satisfies other 

relevant conformity requirements. 

Additionally, such areas are required to 

satisfy the regional emissions analysis 

requirements for pollutants or 

precursors for which EPA has not made 

a determination of insignificance. 

The maintenance plan for the 

Kentucky portion of the HuntingtonAshland Area, included as part of the 

SIP revision, contains a regional on-road 

motor vehicle insignificance 

determination for the direct PM2.5 and 

NOX contribution of motor vehicles to 

the air quality problem in the Kentucky 

portion of the Huntington-Ashland 

Area. As part of the preparation for its 

redesignation request, Kentucky 

consulted with the interagency 

consultation group for the HuntingtonAshland Area regarding the 

insignificance determination. The 

information provided by Kentucky 

supports EPA’s proposal to determine 

that the direct PM2.5 and NOX

contribution from on-road vehicles to 

PM2.5 air pollution in the Kentucky 

portion of the Huntington-Ashland Area 

are insignificant. The information 

provided by Kentucky to EPA, as part of 

the SIP revision, addresses each of the 

factors listed in 40 CFR 93.109(f) and is 

summarized below. The 2008 on-road 

PM2.5 emissions and NOX emissions 

account for less than one percent of the 

total direct PM2.5 emissions and less 

than three percent of total NOX

emissions from all sources in the SIP 

inventory for the Kentucky portion of 

the Huntington-Ashland Area. As 

shown in Tables 3 and 4 above, 

Kentucky’s maintenance plan 

demonstrates that on-road direct PM2.5

emissions and NOX emissions will 

continue to decrease through 2022, the 

end of the maintenance plan for the 

Huntington-Ashland Area. In addition, 

since 2007, the PM2.5 design value 

concentration has decreased by 27 

percent such that the Area is now 

attaining the Annual PM2.5 NAAQS with 

a 2009–2011 design value of 12.1 mg/m3, 

well below the standard of 15.0 mg/m3. 

According to information provided by 

Kentucky, point sources contributed 

nearly 98 percent of the emissions in 

future years in the Huntington-Ashland 

Area. The maintenance plan does not 

contain any control measures that apply 

to on-road motor vehicles. 


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15The Huntington-Ashland Area already has an 

adequate insignificance finding for its submitted 

attainment demonstration. 

After evaluating the information 

provided by Kentucky and weighing the 

factors for the insignificance 

determination outlined in 40 CFR 

93.109(f), EPA is now proposing to 

approve Kentucky’s determination that 

the direct PM2.5 and NOX contribution 

from motor vehicle emissions to the 

pollution problem in the Kentucky 

portion of the Huntington-Ashland Area 

is insignificant. EPA’s insignificance 

determination should be considered and 

specifically noted in the transportation 

conformity documentation that is 

prepared for the Area. In addition, as 

discussed in Section V above, EPA is 

proposing that if this approval is 

finalized in 2013 the Area will continue 

to maintain the 1997 Annual PM2.5

NAAQS through at least 2023. EPA is 

also proposing that the submitted 

insignificance finding is consistent with 

maintenance of the 1997 Annual PM2.5

NAAQS through 2023. 

VII. What is the status of EPA’s 

adequacy determination for the on-road 

motor vehicle insignificance 

determination for the Kentucky portion 

of the Huntington-Ashland area? 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEB and/or insignificance 

determinations, EPA may affirmatively 

find the MVEB and/or insignificance 

determination contained therein 

adequate for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted MVEB 

is adequate for transportation 

conformity purposes, that MVEB must 

be used by state and federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. Further, once EPA affirmatively 

finds the submitted insignificance 

determination is adequate for 

transportation conformity purposes, the 

transportation partners are relieved of 

performing a regional emissions 

analysis of that pollutant or precursor 

but must document the insignificance 

determination in its conformity 

determination. 

EPA’s substantive criteria for 

determining adequacy of an MVEB and/ 

or insignificance determination are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: Public notification of 

a SIP submission, a public comment 

period, and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEB for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999, guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule entitled, ‘‘Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes,’’ 68 FR 38974, 

38984 (June 30, 2003). 

As discussed earlier, Kentucky’s 

maintenance plan submission includes 

an insignificance determination that 

direct PM2.5 and NOX emissions from 

on-road motor vehicles are an 

insignificant contributor to the air 

quality problem in the Kentucky portion 

of the Huntington-Ashland area. On 

January 3, 2012, the Kentucky SIP 

submission, including the on-road 

motor vehicle insignificance finding, 

was open for public comment on EPA’s 

adequacy Web site found at: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm. The EPA public 

comment period closed on February 2, 

2012. EPA did not receive any 

comments on the adequacy of the 

insignificance determination, nor did 

EPA receive any requests for the SIP 

revision. 

EPA intends to make its 

determination on the adequacy of the 

insignificance finding for the Kentucky 

portion of the Huntington-Ashland Area 

for transportation conformity purposes 

in the near future by completing the 

adequacy process that was started on 

January 3, 2012. Section 93.109(f) states 

that a regional emissions analysis is no 

longer necessary if EPA finds through 

the adequacy or approval process that a 

SIP demonstrates that regional motor 

vehicle emissions are an insignificant 

contributor to the air quality problem 

for that pollutant/precursor. A finding 

of insignificance does not change the 

requirement for a regional analysis for 

other pollutants and precursors and 

does not change the requirement for hotspot analysis. After EPA finds the 

insignificance determination adequate 

or approves it, this on-road motor 

vehicle insignificance finding for direct 

PM2.5 and NOX applies to future 

transportation conformity 

determinations.15

VIII. Proposed Actions on the 

Redesignation Request and 

Maintenance Plan SIP Revision for the 

Kentucky Portion of the HuntingtonAshland Area 

EPA determined that the HuntingtonAshland Area was attaining the 1997 

Annual PM2.5 NAAQS on September 7, 

2011. See 76 FR 55542. EPA is now 

taking two separate but related actions 

regarding the Area’s redesignation and 

maintenance of the 1997 Annual PM2.5

NAAQS. 

First, EPA is proposing to determine, 

based on complete, quality-assured and 

certified monitoring data for the 2008– 

2010 monitoring period and review of 

data in AQS for 2011 and 2012, that the 

Huntington-Ashland Area continues to 

attain the 1997 Annual PM2.5 NAAQS. 

EPA is also proposing to determine that 

the Kentucky portion of the HuntingtonAshland Area has met the criteria under 

CAA section 107(d)(3)(E) for 

redesignation from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. On this basis, EPA is 

proposing to approve Kentucky’s 

redesignation request for the Kentucky 

portion of the Huntington-Ashland 

Area. 

Second, EPA is proposing to approve 

the maintenance plan for the Kentucky 

portion of the Huntington-Ashland Area 

as meeting the requirements of section 

175A of the CAA. The maintenance plan 

demonstrates that the Area will 

continue to maintain the 1997 Annual 

PM2.5 NAAQS. 

If finalized, approval of the 

redesignation request would change the 

official designation of Boyd County and 

a portion of Lawrence County in the 

Kentucky portion of the HuntingtonAshland Area for the 1997 Annual PM2.5

NAAQS, found at 40 CFR part 81 from 

nonattainment to attainment. EPA is 

also proposing to approve, into the 

Kentucky SIP, the maintenance plan for 

the Kentucky portion of the HuntingtonAshland Area. 

IX. What is the effect of EPA’s proposed 

actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 

action on the issues being proposed for 

approval today. Approval of Kentucky’s 

redesignation request would change the 

legal designation of Boyd County and a 

portion of Lawrence County in 

Kentucky for the 1997 Annual PM2.5


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
69422 Federal Register / Vol. 77, No. 223 / Monday, November 19, 2012 / Proposed Rules 

NAAQS, found at 40 CFR part 81, from 

nonattainment to attainment. Approval 

of the Commonwealth’s request would 

also incorporate a plan for maintaining 

the 1997 Annual PM2.5 NAAQS in the 

Kentucky portion of the HuntingtonAshland Area through 2021 into the 

Kentucky SIP. This maintenance plan 

includes contingency measures to 

remedy any future violations of the 1997 

Annual PM2.5 NAAQS and procedures 

for evaluation of potential violations. 

Additionally, EPA is notifying the 

public of the status of its adequacy 

determination for the NOX and PM2.5

pursuant to 40 CFR 93.118(f)(1). 

X. 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, these proposed 

actions merely approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 

• Are not ‘‘significant regulatory 

action[s]’’ 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 proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: November 6, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–28090 Filed 11–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9903 

Cost Accounting Standards: Revision 

of the Exemption From Cost 

Accounting Standards for Contracts 

and Subcontracts for the Acquisition 

of Commercial Items 

AGENCY: Office of Management and 

Budget (OMB), Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards (CAS) Board. 

ACTION: Proposed rule. 

SUMMARY: The OFPP and CAS Board 

invite public comments concerning this 

proposed rule to clarify the exemption 

for contracts or subcontracts for the 

acquisition of commercial items 

(hereafter referred to as the ‘‘(b)(6) 

commercial item exemption’’) so that 

the regulatory text is more consistent 

with the statutory text. Specifically, the 

proposed rule clarification will 

eliminate the detailed listing of 

permissible contract and subcontract 

types, and instead the revised provision 

will contain more generalized language 

that reads ‘‘contracts and subcontracts 

for the acquisition of commercial 

items,’’ which reflects the statutory text. 

DATES: Comment Date: Comments must 

be in writing and must be received by 

January 18, 2013. 

ADDRESSES: All comments to this 

proposed rule must be in writing. 

Electronic comments may be submitted 

in any one of three ways: 

1. Federal eRulemaking Portal: 

Comments may be directly sent via 

http://www.regulations.gov—a Federal 

E-Government Web site that allows the 

public to find, review, and submit 

comments on documents that agencies 

have published in the Federal Register 

and that are open for comment. Simply 

type ‘‘(b)(6) commercial item 

exemption’’ (without quotation marks) 

in the Comment or Submission search 

box, click Go, and follow the 

instructions for submitting comments; 

2. Email: Comments may be included 

in an email message sent to 

casb2@omb.eop.gov. The comments 

may be submitted in the text of the 

email message or as an attachment; 

3. Facsimile: Comments may also be 

submitted via facsimile to (202) 395– 

5105; or 

4. Mail: If you choose to submit your 

responses via regular mail, please mail 

them to: Office of Federal Procurement 

Policy, 725 17th Street NW., Room 

9013, Washington, DC 20503, ATTN: 

Raymond J. M. Wong. Due to delays 

caused by the screening and processing 

of mail, respondents are strongly 

encouraged to submit responses 

electronically. 

Be sure to include your name, title, 

organization, postal address, telephone 

number, and email address in the text 

of your public comment and reference 

‘‘(b)(6) commercial item exemption’’ in 

the subject line irrespective of how you 

submit your comments. Comments 

received by the date specified above 

will be included as part of the official 

record. Comments delayed due to use of 

regular mail may not be considered. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1