ENVIRONMENTAL PROTECTIONAGENCY 40CFRPart 52 [EPA-R04-OAR-2007-1186; FRL - ] Approval and Promulgation ofAir Quality Implementation Plan: Kentucky; Approval Section 110(a)(1) Maintenance Plan for the 1997 8-Hour Ozone Standard for the Owensboro Area. AGENCY: Environmental Protection Agency (EPA) . ACTION

: Proposed rule. SUMMARY

: EPA is proposing to approve arevision to the Kentucky State Implementation Plan (SIP) concerning the maintenance plan addressing the 1997 8-hour ozone standard for the Owensboro 8-hour ozone attainment area, which comprises Daviess County and a portion of Hancock County (hereafter referred to as the "Owensboro Area") . This maintenance plan was submitted to EPAon May 27, 2008, by the Commonwealth of Kentucky, and ensures the continued attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS) through the year 2020. On July 15, 2009, the Commonwealth of Kentucky submitted supplemental information with updated emissions tables to reflect actual emissions for this Area. EPAproposes to find that this plan meets the statutory and regulatory requirements, and is consistent with EPA's guidance. EPAis proposing to approve the revisions to the Kentucky SIP, pursuant to Section 110ofthe Clean Air Act (CAA) . On March 12, 2008, EPAissued a revised ozone standard. The current action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the OwensboroArea under the 2008 standard will be addressed in the future.DATES : Comments must be received on or before [insert date 30 days after date ofpublication in the Federal Register] . ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2007- 1186, by one ofthe following methods: 1 . www

.regulations.gov: Follow the on-line instructions for submitting comments. 2 . E-mail : benjamin.lynorae@epa.gov. ; 3 . Fax: 404-562-9019 . 4 . Mail : EPA-R04-OAR-2007-1186, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U .S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,Atlanta, Georgia 30303-8960. 5 . Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U .S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours ofoperation. The Regional Office's official hours of business are Monday through Friday, 8:30to 4:30, excluding federal holidays. Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-2007-1186. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 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 e-mail, information that you consider to be CBI or otherwise protected. The www

.regulations.g-ov_ website is an "anonymous access" system, which means EPAwill not know your identity or contact information unless you provide it in the body ofyour comment. If you send an e-mail comment directly to EPAwithout going through www .regulations .gov, your e-mail address will be automatically captured and included as part ofthe comment that is placed in the public docket and made available on the Internet . Ifyou submit an electronic comment, EPArecommends that you include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit . If EPAcannot read your comment due to technical difficulties and cannot contact you for clarification, EPAmay not be able to consider your comment. Electronic files should avoid the use ofspecial characters, any formof encryption, and be free ofany defects or viruses. For additional information about EPA's public docket visit the EPADocket Center homepage at http ://www .epa. ov/e ahome/dockets htm . Docket : All documents in the electronic docket are listed in the www .regulations. ov 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 othermaterial, such as copyrighted material, is not placed on the Internet andwill 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

3Street, SW, Atlanta, Georgia 30303-8960. EPArequests that if at all possible, you contact the

person listed in the FORFURTHERINFORMATION 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 FURTHERINFORMATIONCONTACT: Zuri Farngalo, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U .S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303- 8960 . The telephone number is (404) 562-9152. Mr . Farngalo can also be reached via electronic mail at farngalo.zurigepa.gov. SUPPLEMENTARY INFORMATION : Table of Contents I . Background II . Analysis of the Commonwealth's Submittal III . Final Action IV . Statutory and Executive Order Reviews

I . Background In accordance with the CAA, the Owensboro Area, consisting of Daviess County and a portion of Hancock County in Kentucky, was designated as marginal nonattainment for the 1- hour ozone NAAQS effective November 6, 1991 (56FR56694) because the Area did not meet 4the 1-hour ozone NAAQS. On November 13, 1992, the Commonwealth of Kentucky submitted

a request to redesignate the Owensboro Area to attainment for the 1-hour ozone standard. At the same time as the redesignation request, Kentucky submitted the required ozone monitoring data and maintenance planto ensure that the OwensboroArea would remain in attainment for the 1- hour ozone standard for aperiod of 10 years, consistent with the CAAsection 175A. The maintenance plan submitted by Kentucky followed EPA guidance for limited maintenance areas, which applied to 1-hour ozone standard areas with design values lower than 85 percent ofthe applicable standard (0.12parts per million (ppm)) . On February 7, 1995, EPA approved Kentucky's request to redesignate the OwensboroArea (60 FR 7124) to attainment for the 1- hour ozone standard. On April 30, 2004, EPAdesignated areas for the 1997 8-hour ozone NAAQS (69 FR 23858), and published the final Phase I Implementation Rule for the 1997 8-hour ozone NAAQS (69 FR23951) (Phase I Rule) . Daviess County and aportion of Hancock County (i .e., which make up the Owensboro Area) were designated as attainment for the 1997 8-hour ozone standard, effective June 15, 2004. The Owensboro attainment area consequently was required to submit a 10-year maintenance plan under section 110(a)(1) ofthe CAAand the Phase I Rule, 40 CFR51 .905(a)(3) and (4) . On May 20, 2005, EPA issued guidance providing information on how a state might fulfill the maintenance plan obligation established by the CAAand the Phase I Rule (MemorandumfromLydia N . Wegman to Air Division Directors, Maintenance Plan Guidance Documentfor Certain 8-hour OzoneAreas Under Section 110(a)(1) ofClean AirAct, May 20, 2005 - hereafter referred to as "Wegman Memorandum") . On December 22, 2006, the United States Court ofAppeals for the District of Columbia Circuit issued an opinion thatvacated portions of EPA's Phase I Implementation Rule forthe 1997 8-hour ozone standard. See

South CoastAir Quality Management District. v . EPA, 472 F.3d 882 (D.C. Cir. 2006) . The Court vacated those portions ofthe Rule that provided for regulation ofthe 1997 8-hour ozone nonattainment areas designated under Subpart 1 in lieu of Subpart 2 (ofpart Dofthe CAA), among other portions . The Court's decision did not alter any requirements under the Phase I Rule for section 110(a)(1) maintenance plans. EPAis proposing to find that Kentucky's May 27, 2008, proposed SIP revision satisfies the section 110(a)(1) CAA requirements for a plan that provides for implementation, maintenance, and enforcement ofthe 1997 8-hour ozone NAAQS in the OwensboroArea. On March 12, 2008, EPAissued a revised ozone standard. The current action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the OwensboroArea under the 2008 standard will be addressed in the future. II . Analysis of the Commonwealth's Submittal On May 27, 2008, the Commonwealth of Kentucky submitted a SIP revision containing a 1997 8-hour ozone maintenance plan for the Owensboro Area as required by section 110(a)(1) of the CAAand the provisions of EPA's Phase I Rule (see 40 CFR51 .905(a)(4)) . The purpose of this maintenance plan is to ensure continued attainment and maintenance ofthe 1997 8-hour ozone NAAQS in the OwensboroArea until 2020 . As required, this plan provides for continued attainment and maintenance of the 1997 8- hour ozone NAAQS in the Owensboro Area for 10 years fromthe effective date ofthe Area's designation as attainment for the 1997 8-hour ozone NAAQS, and includes contingency measures. AJuly 15, 2009, submittal fromKentucky updated the emissions projections for pointsources for 2005 and 2008 with actual data, and revised the point source projections for 2011,

2014, 2017 and 2020 based on more recent data. Each ofthe section 110(a)(1) plan components forthe Owensboro Area is discussed below . (a)Attainment Inventory. In order to demonstrate maintenance in the OwensboroArea, Kentucky developed comprehensive inventories ofvolatile organic compounds (VOC) and nitrogen oxide (NOx) emissions fromarea, stationary, and mobile sources using 2002as the base year. Theyear 2002 is an appropriate year for Kentucky to base attainment level emissions, because states mayselect any one ofthe three years on which the 1997 8-hour attainment designation was based (2001, 2002, and 2003) . The Commonwealth's submittal contains the detailed inventory data and summaries by source category. Using the 2002 inventory (as a base year) reflects one ofthe years used for calculating the air quality design value on which the 1997 8-hour ozone designation forthe Area was based. Afurtherpractical reason for selecting 2002 as the base year emission inventory is that section 110(a)(2)(B) ofthe CAAand the Consolidated Emissions Reporting Rule (67 FR 39602, June 10, 2002) require states to submit emissions inventories for all criteria pollutants and their precursors every three years, on a schedule that includes the emissions year 2002. The due date for the 2002 emissions inventory is established in the Rule as June 2004. In accordance with these requirements, Kentucky compiles a statewide emissions inventory for point sources on an annual basis. On-road mobile emissions ofVOCand NOx were estimated using MOBILE6 .2 motor vehicle emissions factor computer model . Non-road mobile emissions datawere derived using the U.S. EPA's Non-Road Model .In projecting data for the attainment year 2020 inventory, Kentucky used several methods

to project data fromthe base year 2002 to the years 2005, 2008, 2011, 2014, 2017 and 2020 . These actual and projected inventories were developed using EPA-approved technologies and methodologies. Point source and non-point source projections were derived fromthe Emissions Growth Analysis Systemversion 4 .0 (EGAS 4

.0) . Non-road mobile projections were derived fromEGAS 4

.0, as well as fromtheNational Mobile Inventory Model . The following tables provide VOCand NOx emissions data for the 2002 base attainment year inventory; as well as actual VOCand NOxemission inventory data for 2005 and 2008, and projected VOCand NOx emission inventory data for 2011, 2014, 2017 and 2020. Table 1. Owensboro Areal VOCand NOx Emissions Inventory Emissions 2002 2005 2008 201_1 

### ___2_014 -20-17 

### --2-02-0 Total VOC 18.97 14.54 14.42 14.09 13.85 13.79 13.81 (tons per day) Total NOx 44.87 36.78 31 .07 30.63 30.28 30.27 30.58 (tons per day)

As shown in Table 1 above, the Owensboro Area total VOC and NOX emissions are projected to decrease from the base year of2002 to the maintenance year of 2020, thus demonstrating continued attainment/maintenance of the 1997 8-hour ozone standard. Total VOC emissions are projected to steadily decrease fromthe base year of 2002 through 2017, but are then projected to slightly increase by 0.02 tons per day (tpd) between the years 2017 and 2020 . ' These emissions estimates in this table were provided by Kentucky on July 15, 2009, through John Lyons, Director, Division of Air Quality, as an update to emissions estimates provided in the May 25, 2007, submittal . 8Additionally, total NOx emissions steadily decreased fromthe base year of 2002 to 2017, but are

then projected to slightly increase by 0 .31 tpd. However, year 2020 emissions projected for both VOCand NOx are well under the 2002 baseline year emission levels. Thus EPA proposes to find that Kentucky demonstrated that the 1997 8-hour ozone standard will continue to be maintained. As shown in the table above, Kentucky has demonstrated that the future year emissions will be less than the 2002 base attainment year's emissions for the 1997 8-hour ozone NAAQS . The attainment inventory submitted by Kentucky for this Area is consistent with the criteria discussed in the Wegman Memorandum . EPAfinds that the actual emissions levels in 2005, and 2008, alongwith the future emissions for 2011, 2014, 2017, and 2020 are expected to be less than the emissions levels in 2002. SeeTable 2 for design value trends for this Area. Inthe event that a future 8-hour ozone monitoring reading in this Area is found to violate the 1997 8-hour ozone standard, the contingency plan section ofthe maintenance plan includes measures that at least one ofwhichwill be promptly implemented to ensure that this Area returns the maintenance ofthe 1997 8-hour ozone standard. Please see section (d) Contingency Plan, below, for additional information related to the contingency measures. (b) Maintenance Demonstration. The primary purpose of a maintenance plan is to demonstrate how

an area will continue to remain in compliance with the 1997 8-hour ozone standard for the 10year period following the effective date ofdesignation as unclassifiable/attainment . The end projection year for the maintenance plan for OwensboroArea was 2020

. As discussed in section (a) Attainment Inventory above, Kentucky identified the level ofozone-forming emissions that were consistent with attainment ofthe NAAQS for ozone in2002. For the original submittal, Kentucky projected VOCand NOx emissions for the years

2005, 2008, 2011, 2014, 2017 and 2020 in the OwensboroArea. Subsequently, Kentucky provided updated projections for all the years. SeeTable 1 . EPAproposes to find that the future emissions levels in those years are expected to be below the emissions levels in 2002. Kentucky's SIPrevision also relies on a combination ofseveral air quality measures that will provide for additional 8-hour ozone emissions reductions in the Owensboro Area. These measures include the potential implementation of the following, among others: (1) federal motor vehicle control program ; (2) fleet turnover ofautomobiles; (3) low reid vapor pressure of gasoline; (4) tier 2motor vehicle emissions and fuel standards; (5) heavy-duty gasoline and diesel highway vehicles standard; (6) large nonroad diesel engines rule; (7) nonroad spark ignition engines and recreational engines standard; (8) point source emission reductions; (9) Air Products and Chemicals -21-157-00009, (10) reasonably available control measures, (11) maximum

available control technology; (12) NOx SIP Call ; (13) Clean Air Interstate Rule (CAIR)2 ; (14) several control programs to reduce area source emissions fromaerosol coatings, architectural and industrial maintenance coatings, and commercial/consumer products; (15) nonhighway mobile source reductions; and (16) emissions standards for small and large sparkignition engines, locomotives and land based diesel engines. There are no sources subject to CAIRor the NOx SIP Call in the Owensboro Area. Hence the recent remand of CAIR does not impact the maintenance inventories or maintenance demonstration in any way. Further, the OwensboroArea was in attainment prior to implementation of these rules. Hence any contribution to the reduction in the background ozone Z Despite the legal status ofCAIR as remanded, many facilities have already or are continuing with plans to install emission controls that may benefit Kentucky areas. 10levels fromthese rules will be in addition to the projected decreases within the maintenance

planning area. These rules are included in the discussion ofthe maintenance plan because, even though the submittal takes no credit for them, they are expected to reduce transported NOx and ozone fromoutside the nonattainment area, providing a further, unquantified improvement in the Area's air quality. (c) AmbientAir Quality Monitoring . The table below

shows monitoring and design values3for the OwensboroArea. The ambient ozone monitoring data was collected at sites that were selected with assistance fromEPA and are considered to be representative ofthe area of highest concentration. There is a monitor in Hancock and Daviess Counties in the Owensboro Area. There was no design value exceeding the 1997 0.08 ppm standard and it is anticipated that the monitors will remain at current locations, unless otherwise allowed to be removed in consultation with EPA and in accordance with the 40 CFRpart 58. See, Wegman Memorandum, pages 4and 5.

3 The airquality design value at a monitoring site is defined as that concentration that when reduced to the level of the standard ensures that the site meets the standard. For a concentration-based standard, the air quality design value is simply the standard-related test statistic. Thus, for the primaryand secondaryozone standards, the 3-year average annual fourth-highest daily maximum8-hour average ozone concentrationis also the air quality design value for the site. 40 CFRPart 50, Appendix 1, Section 3 . 11Table 2. Monitoring and Design Values for 8-Hour Ozone (ppm) Year Owensboro Area

Monitoring Values Daviess County Hancock

County Area

Design Value 2000-2002 0

.077 0

.083 0

.083 2001-2003 0

.076 0

.082 0

.082 2002-2004 0

.073 0

.080 0

.080 2003-2005 0

.072 0

.073 0

.073 2004-2006 0

.074 0

.073 0

.074 2005-2007 0

.081 0

.076 0.081 I 2006-2008 0

.077 0

.076 0.077 Based on the Table above, each ofthe three-year average available design values demonstrates attainment ofthe 1997 ozone NAAQS. The design value for the area is the higher ofthe design values at either ofthe monitors. Further, these design vales indicate that the Owensboro Area is expected to continue attainment ofthe 1997 ozone NAAQS. The attainment level for the 1997 8-hour ozone standard is 0 .08 ppm, effectively 0.084 ppm with the rounding convention. However, in the event that a design value at one of Owensboro Area monitoring sites exceeds the 1997 8-hour ozone standard, the contingency plan included in the Kentucky's maintenance plan submittal includes contingency measures whichwill be promptly implemented in accordance with section (d) Contingency Plan, below . (d) Contingency Plan. In accordance with 40 CFR51 .905(a)(4)(ii) and the Wegman Memorandum, the section 110(a)(1) maintenance plan includes contingency provisions to promptly correct anyviolation ofthe 1997 8-hour ozone NAAQSthat occurs. In this maintenance plan, ifcontingency measures are triggered by a violation ofthe 8-hour ozone NAAQS, Kentucky is committing to adopt one or more of the contingency measures listed 12below, within nine months following the trigger, and implement the measures within eighteen

months following the trigger. The contingency measures include: (1) implementation of a programto require additional emissions reductions on stationary sources; (2) requirement for Stage I Vapor Recovery; (3) requirement of Stage 11 Vapor Recovery; (4) restricting open burning during summer ozone season; (5) restriction of certain roads or lanes to, or construction of such roads or lanes for use by, passenger buses or high-occupancy vehicles ; (6) trip-reduction ordinances; (7) employer-based transportation management plans, including incentives; (8) programs to limit or restrict vehicle use in downtown areas, or other areas of emissions concentration, particularly during periods of peak use; and (9) programs for new construction and major reconstructions of paths or tracks for use bypedestrians or by non-motorizedvehicles when economically feasible and in the public interest. The maintenance plan also includes two additional triggers (which would occurprior to a violation of the 1997 8-hour ozone NAAQS) for an evaluation of existing control measures to see if any further emission reduction measures should be implemented at that time. These triggers are an exceedance of the NAAQS in any portion of the maintenance area or a ten percent or greater increase in emissions ofeither VOCor NOX, based on the 2002emissions inventory and periodic emission inventory updates. If either of these triggers occurs, Kentucky commits to evaluating existing control measures to see if any further emission reduction measures should be implemented. EPAproposes to find that these contingency measures and schedules for implementation satisfy EPA's guidance on the requirements ofsection 110(a)(1) of continued attainment . Continued attainment of the 1997 8-hour ozone NAAQS in the Owensboro Area will depend, in 13part, on the air quality measures discussed previously (see section II) . In addition, Kentucky

commits to verifying the 1997 8-hour ozone status in each maintenance plan through annual and periodic evaluations ofthe emissions inventories. In the annual evaluations, Kentucky will review VOCand NO,, emission data fromstationary point sources. During the periodic evaluations (every three years), Kentucky will update the emissions inventory for all emissions source categories, and compare the updated emissions inventory data with actual 2005 and 2008, and projected 2011, 2014, 2017 and 2020 attainment emissions inventories to verify continued attainment ofthe 1997 8-hour ozone standard. III . Proposed Action Pursuant to section 110(a)(1) of the CAA ; EPAis proposing to approve the maintenance plan addressing the 1997 8-hour ozone standard for the Owensboro Area, whichwas submitted by Kentucky on May 27, 2008, as updated in aJuly 15, 2009, submission, and which ensures continued attainment of the 1997 8-hour ozone NAAQSthrough the year 2020 . EPAhas evaluated the Commonwealth's submittal and has determined that it meets the applicable requirements ofthe CAAand EPAregulations, and is consistent with EPApolicy. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIPsubmission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k) ; 40CFR 52.02(a) . Thus, in reviewing SIPsubmissions, EPA's role is to approve state choices, provided that they meet the criteria ofthe CAA . Accordingly, this proposed action merely approves state

14law

as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law

. For that reason, this proposed action: " is not a "significant regulatory action" subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) ; " does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U

.S.C. 3501 et seq.) ; " is certified as not having a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U .S.C. 601 et seq.) ; " does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) ; " does not have Federalismimplications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999) ; " is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997) ; " is not a significant regulatory action subject to Executive Order 13211 (66 FR28355, May 22, 2001) ; " is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U .S.C. 272 note) because application of those requirements would be inconsistent with the CAA ; and

15does not provide EPAwith the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR7629, February 16, 1994) . In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPAnotes that it will not impose substantial direct costs on tribal governments or preempt tribal law .List of Subjects

40CFRpart 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile organic compounds.



## JAW - 4 2010 Jan 4, 2010 Dated: 11 Acting Regional Administrator, Region 4 .