[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Proposed Rules]
[Pages 68076-68087]
[FR Doc No: 2012-27785]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2012-0174; FRL-9752-1]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Redesignation of the West Virginia Portion of the
Huntington-Ashland, WV-KY-OH 1997 Annual PM2.5 Nonattainment
Area to Attainment and Approval of the Associated Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and State
Implementation Plan (SIP) revision submitted by the State of West
Virginia. The West Virginia Department of Environmental Protection
(WVDEP) is requesting that the West Virginia portion of the Huntington-
Ashland, WV-KY-OH-fine particulate matter (PM2.5)
nonattainment area (``Huntington-Ashland Area'' or ``Area'') be
redesignated as attainment for the 1997 annual PM2.5
national ambient air quality standard (NAAQS). The Huntington-Ashland
Area is comprised of Cabell and Wayne Counties and a portion of Mason
County in West Virginia (West Virginia portion of the Area); Boyd
County and a portion of Lawrence County in Kentucky; and Lawrence and
Scioto Counties and portions of Adams and Gallia Counties in Ohio. In
this rulemaking action, EPA is proposing to approve the
PM2.5 redesignation request for the West Virginia portion of
the Area. EPA is also proposing to approve the maintenance plan SIP
revision that the State submitted in conjunction with its redesignation
request. The maintenance plan provides for continued attainment of the
1997 annual PM2.5 NAAQS for 10 years after redesignation of
the West Virginia portion of the Area. The maintenance plan includes an
insignificance determination for the on-road motor vehicle contribution
of PM2.5, nitrogen oxides (NOx), and sulfur
dioxide (SO2) for the West Virginia portion of the Area for
purposes of transportation conformity. EPA is proposing to find that
West Virginia's insignificance determination for transportation
conformity is adequate.\1\

EPA is also proposing to find that the Area continues to attain the
standard. This action to propose approval of the 1997 annual
PM2.5) NAAQS redesignation request, maintenance plan, and
insignificance determination for transportation conformity for the West
Virginia portion of the Area is based on EPA's determination that the
Area has met the criteria for redesignation to attainment specified in
the Clean Air Act (CAA). EPA is taking separate action to propose
redesignation of the Kentucky and Ohio portions of the Huntington-
Ashland Area.
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    \1\ On November 5, 2012, EPA initiated the comment period for
this proposed insignificance determination on the Office of
Transportation and Air Quality (OTAQ) Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips) in order to allow for a full
30 day public comment period in conjunction with this proposed
rulemaking.

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DATES: Written comments must be received on or before December 6, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0174 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0174, Donna Mastro, Acting Associate
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0174. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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.
    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 during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Summary of Actions
II. Background
III. Criteria for Redesignation to Attainment
IV. Reasons for Proposing These Actions
V. Effect of These Proposed Actions
VI. Analysis of West Virginia's Redesignation Request
VII. Analysis of West Virginia's Transportation Conformity
Insignificance Determination for the Huntington-Ashland Area
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

I. Summary of Actions

    On June 30, 2011, the State of West Virginia through WVDEP formally
submitted a request to redesignate the West Virginia portion of the
Area from nonattainment to attainment of the 1997 annual
PM2.5 NAAQS. Concurrently, West Virginia submitted a
maintenance plan for the Area as a SIP revision to ensure continued
attainment throughout the Area over the next 10 years.
    EPA is proposing to take several actions related to redesignation
of the West Virginia portion of the Area to attainment for the 1997
annual PM2.5 NAAQS. EPA is proposing to find that the West
Virginia portion of the Area meets the requirements for redesignation
of the PM2.5 NAAQS under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to approve West Virginia's request to change the
legal definition of the West Virginia portion of the Area from
nonattainment to attainment for the 1997 annual PM2.5 NAAQS.
This action does not impact the legal definition of the Kentucky or
Ohio portions of the Area. EPA is taking separate action to redesignate
these portions.
    EPA is also proposing to approve the maintenance plan for the West
Virginia portion of the Area as a revision to the West Virginia SIP.
Such approval is one of the CAA criteria for redesignation of an area
to attainment. The maintenance plan is designed to ensure continued
attainment in the West Virginia portion of the Area for 10 years after
redesignation. The maintenance plan includes an insignificance
determination for the on-road motor vehicle contribution of
PM2.5, NOx and SO2 in the West
Virginia portion of the Area for transportation conformity purposes.
EPA has determined that the on-road motor vehicle insignificance
finding that is included as part of West Virginia's maintenance plan
for the 1997 annual PM2.5 NAAQS is adequate, and is
proposing to approve the insignificance determination. EPA's analysis
of these proposed actions is discussed in Sections VI and VII of
today's proposed rulemaking action.

II. Background

A. General

    The first air quality standards for PM2.5 were
established on July 16, 1997. 62 FR 38652 (July 18, 1997). EPA
promulgated an annual standard at a level of 15 micrograms per cubic
meter ([mu]g/m\3\), based on a three-year average of annual mean
PM2.5 concentrations. In the same rulemaking action, EPA
promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a three-year
average of the 98th percentile of 24-hour concentrations. On October
17, 2006, at 71 FR 61144, EPA retained the annual average standard at
15 [mu]g/m\3\ but revised the 24-hour standard to 35 [mu]g/m\3\, based
again on the three-year average of the 98th percentile of 24-hour
concentrations.
    On January 5, 2005 at 70 FR 944, as supplemented on April 14, 2005
at 70 FR 19844, EPA designated the

Huntington-Ashland Area as nonattainment for the 1997
p.m.2.5 air quality NAAQS. The Huntington-Ashland Area is
comprised of Cabell and Wayne Counties and the Graham tax district in
Mason County, West Virginia; Boyd County and the portion of Lawrence
County described by U.S. Census 2000 block group identifier 21-127-
9901-6 in Kentucky; and Lawrence and Scioto Counties, Monroe and Sprigg
Townships in Adams County, and Addison and Cheshire Townships in Gallia
County in Ohio. On November 13, 2009 at 74 FR 58688, EPA promulgated
designations for the 24-hour standard set in 2006, designating the
Huntington-Ashland Area as attaining this standard. In that action, EPA
also clarified the designations for the NAAQS promulgated in 1997,
stating that the Huntington-Ashland Area remained designated
nonattainment for the 1997 annual PM2.5 standard, but was
designated attainment for the 1997 24-hour standard. Today's action
therefore does not address attainment of either the 1997 or the 2006
24-hour NAAQS.
    In response to legal challenges of the annual standard promulgated
in 2006, the DC Circuit remanded this standard to EPA for further
consideration. See American Farm Bureau Federation and National Pork
Producers Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However,
given that the 1997 and 2006 annual standards are essentially
identical, attainment of the 1997 annual standard would also indicate
attainment of the remanded 2006 annual standard. Since the Huntington-
Ashland Area is designated nonattainment only for the annual standard
promulgated in 1997, today's action addresses redesignation to
attainment only for this standard.
    In a final rulemaking action dated September 7, 2011 at 76 FR
55542, EPA determined, pursuant to 40 CFR 51.1004(c), that the entire
Huntington-Ashland Area is attaining the 1997 annual PM2.5
NAAQS. This determination of attainment was based upon complete,
quality-assured and certified ambient air quality monitoring data for
the period of 2007-2009 showing that the Area had attained the NAAQS by
its applicable attainment date of April 5, 2010.

B. Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule
(CSAPR or the Transport Rule)

    On May 12, 2005, EPA published 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 70 FR 25162. The DC Circuit initially vacated CAIR,
North Carolina v. EPA, 531 F.3d 896 (DC 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
(DC Cir. 2008). In response to the court's decision, EPA issued the
Transport Rule, also known as CSAPR, to address interstate transport of
NOx and SO2 in the eastern United States. See 76
FR 48208 (August 8, 2011). On August 21, 2012, the DC Circuit issued a
decision to vacate the Transport Rule. In that decision, it also
ordered EPA to continue administering CAIR ``pending the promulgation
of a valid replacement.'' EME Homer City Generation, L.P. v. EPA, No.
11-1302 (DC Cir., August 21, 2012).\2\
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    \2\ The court's judgment is not final, as of November 7, 2012,
as the mandate has not yet been issued.
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    In light of the above and as explained below, EPA proposes to
approve the redesignation request and the related SIP revision for
Cabell and Wayne Counties and the Graham tax district in Mason County
in West Virginia, including West Virginia's plan for maintaining
attainment of the 1997 annual PM2.5 NAAQS standard in the
West Virginia portion of the 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-115 to B-134. This modeling is available in the docket for the
Transport Rule rulemaking action. See Docket ID No. EPA-HQ-OAR-2009-
0491. Nothing in the DC 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. West Virginia's SIP
revision lists CAIR as a control measure that became state-effective on
May 1, 2008 and was approved by EPA on August 4, 2009 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 the State is relying on CAIR in
its maintenance plan, the recent directive from the DC 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 if
they can be approved, and EPA has taken action on the SIPs, including
promulgating a FIP 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.
    Further, in vacating the Transport Rule and requiring EPA to
continue administering CAIR, the DC 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 actions,
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 emissions
reductions achieved by CAIR, as sufficiently permanent and enforceable
pending a valid replacement rule 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.

III. Criteria for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that:

    1. EPA determines that the area has attained the applicable NAAQS;
    2. EPA has fully approved the applicable implementation plan for
the area under section 110(k);
    3. EPA 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. EPA has fully approved a maintenance plan for the area as
meeting the requirements of CAA section 175A; and
    5. The state containing such area has met all requirements
applicable to the area under CAA section 110 and Part D.
    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) (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. Reasons for Proposing These Actions

    On June 30, 2011, the WVDEP requested redesignation of the West
Virginia portion of the Area to attainment for the 1997 annual
PM2.5 standard. As a part of the redesignation request,
WVDEP submitted a maintenance plan for the West Virginia portion of the
Area as a SIP revision, to ensure continued attainment of the 1997
annual PM2.5 NAAQS over the next 10 years until 2022. EPA
has determined that the Huntington-Ashland Area has attained the 1997
annual PM2.5 standard and that West Virginia has met the
requirements set forth in CAA section 107(d)(3)(E) for redesignation of
the West Virginia portion of the Area.

V. Effects of These Proposed Actions

    Final approval of the redesignation request would change the
official designation of the West Virginia portion of the Area for the
1997 annual PM2.5 NAAQS, found at 40 CFR part 81, from
nonattainment to attainment. It would incorporate into the West
Virginia SIP a maintenance plan ensuring continued attainment of the
1997 annual PM2.5 NAAQS in the Area for the next 10 years
until 2022. The maintenance plan includes, among other components,
contingency measures to remedy any future violations of the 1997 annual
PM2.5 NAAQS (should they occur). Approval of the maintenance
plan would also result in approval of the insignificance determination
for PM2.5, NOx, and SO2 for
transportation conformity purposes in the West Virginia portion of the
Area.

VI. Analysis of West Virginia's Redesignation Request

    EPA proposes to redesignate the West Virginia portion of the Area
to attainment for the 1997 annual PM2.5 NAAQS and to approve
into the West Virginia SIP the 1997 annual PM2.5 NAAQS
maintenance plan for the West Virginia portion of the Area. These
actions are based upon EPA's determination that the Area continues to
attain the 1997 annual PM2.5 NAAQS and that all other
redesignation criteria have been met for the West Virginia portion of
the Area, provided EPA approves the base year emissions inventory that
has been proposed in a separate rulemaking action. See 77 FR 60085
(Oct. 2, 2012). The following is a description of how the WVDEP June
30, 2011 submittal satisfies the requirements of section 107(d)(3)(E)
of the CAA.

1. Attainment

    As noted above, in a final rulemaking action dated September 7,
2011, at 76 FR 55542, EPA determined, pursuant to 40 CFR 51.1004(c),
that the entire Huntington-Ashland Area is attaining the 1997 annual
PM2.5 NAAQS. This determination of attainment was based upon
complete, quality-assured and certified ambient air quality monitoring
data for the period of 2007-2009 showing that the Area had attained the
NAAQS by its applicable attainment date of April 5, 2010. Further
discussion of pertinent air quality issues underlying this
determination was provided in the notice of proposed rulemaking action
for EPA's determination of attainment for this Area, published on May
11, 2011 (76 FR 27290). EPA has reviewed more recent data in its Air
Quality System (AQS) database, including certified, quality-assured
data for the periods from 2008-2010 and 2009-2011. This data, shown in
Table 1, shows that the Huntington-Ashland Area continues to attain the
1997 annual PM2.5 NAAQS. In addition, as discussed below
with respect to the maintenance plan, WVDEP has committed to continue
monitoring air quality in accordance with 40 CFR part 58. In summary,
EPA has determined that the data submitted by West Virginia, as well as
data taken from AQS, indicate that the Huntington-Ashland Area has
attained and continues to attain the 1997 annual PM2.5
NAAQS.

  Table 1--Design Value Concentrations for the Huntington-Ashland Area for the 1997 Annual PM2.5 NAAQS ([mu]g/
                                        m\3\) for 2008-2010 and 2009-2011
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                                                                                3-Year annual design values
                         County                              Monitor ID    -------------------------------------
                                                                                2008-2010          2009-2011
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Cabell, WV.............................................        54-011-0006               13.1               12.3
Boyd, KY...............................................        21-019-0017               11.4               10.8
Scioto, OH.............................................        39-145-0013               11.6               10.9
Lawrence, OH...........................................        39-087-0012               12.2               11.4
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Note: Monitor 39-087-0010 in Lawrence, Ohio was shut down in February 2008 due to demolition of the building. It
  was replaced by monitor 39-087-0012 located approximately one mile away and began monitoring in February 2008.

2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA and Has a Fully Approved SIP Under Section 110(k) of
the CAA

    EPA has determined that the West Virginia portion of the Area has
met all SIP requirements applicable for purposes of this redesignation
under section 110 of the CAA (General SIP Requirements) and that, upon
final approval of the 2002 base year inventory as discussed in section
VI, it will have met all applicable SIP requirements under Part D of
Title I of the CAA, in accordance with CAA section 107(d)(3)(E)(v). In
addition, EPA is proposing to find that all applicable requirements of
the West Virginia SIP for purposes of redesignation have been approved
in accordance with CAA section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA ascertained which SIP requirements are
applicable for purposes of redesignation of this area, and concluded
that the applicable portions of the SIP meeting these requirements are
fully approved under CAA section 110(k). We note that SIPs must be
fully approved only with respect to applicable requirements.
a. CAA Section 110 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.
The general SIP elements and requirements set forth in CAA section
110(a)(2) 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));
     Provisions for the implementation of Part D requirements
for 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) of the CAA 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
for various NAAQS, EPA has required certain states to establish
programs to address transport of air pollutants in accordance with the
NOx SIP Call, October 27, 1998 (63 FR 57356), amendments to
the NOx SIP Call, May 14, 1999 (64 FR 26298) and March 2,
2000 (65 FR 11222), and CAIR, May 12, 2005 (70 FR 25162). However, the
CAA section 110(a)(2)(D) requirements for a state are not linked with a
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, we do not believe that these requirements are
applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other CAA section 110(a)(2)
elements not connected with nonattainment plan submissions and not
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The Area will still be subject to these
requirements after it is redesignated. We conclude that the CAA section
110(a)(2) 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, and that CAA section
110(a)(2) elements not linked to the area's nonattainment status are
not applicable for purposes of redesignation. This approach is
consistent with EPA's existing policy on applicability of conformity
(i.e., for redesignations) and oxygenated fuels requirement. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174,
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain,
Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748, December 7, 1995). See also, the
discussion on this issue in the Cincinnati redesignation (65 FR at
37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR at
53099, October 19, 2001).
    We have reviewed the West Virginia SIP and have concluded that it
meets the general SIP requirements under section 110(a)(2) of the CAA
to the extent they are applicable for purposes of redesignation. EPA
has previously approved provisions of West Virginia's SIP addressing
CAA section 110(a)(2) requirements, including provisions addressing
PM2.5. See 76 FR 47062 (August 4, 2011). These requirements
are, however, statewide requirements that are not linked to the
PM2.5 nonattainment status of the Huntington-Ashland Area.
Therefore, EPA believes that these SIP elements are not applicable
requirements for purposes of review of the State's PM2.5
redesignation request.
b. Part D Nonattainment Requirements Under the Standard
    Subpart 1 of part D, sections 172 to 175 of the CAA, sets forth the
basic nonattainment plan requirements applicable to PM2.5
nonattainment areas. Under CAA section 172, states with nonattainment
areas must submit plans providing for timely attainment and must meet a
variety of other requirements. On May 28, 2009, WVDEP submitted an
attainment plan and base year inventory for the West Virginia portion
of the Area. On September 7, 2011 (76 FR 55542), EPA made a
determination that the Huntington-Ashland Area is attaining the 1997
Annual PM2.5 NAAQS. Pursuant to 40 CFR 51.1004(c), upon a
determination by EPA that an area designated nonattainment for the
PM2.5 NAAQS has attained the standard, the requirement for
such an area to submit an attainment demonstration and associated
reasonably available control measures (RACM), a reasonable further
progress plan (RFP), contingency measures, and other planning SIPs
related to the attainment of the PM2.5 NAAQS are suspended
until the area is redesignated to attainment or EPA determines that the
area has again violated the PM2.5 NAAQS, at which time such
plans are required to be submitted. The May 28, 2009 submittal is
relevant to this proposed action to redesignate the West Virginia
portion of the Area only with respect to the base year inventory that
was submitted with the attainment plan. In a separate rulemaking
action, as detailed below, EPA has proposed approval of the base year
inventory, which, upon final approval, will meet the requirements of
CAA section 172(c)(3), one of the criteria for redesignation. See 77 FR
60085 (Oct. 2, 2012).
    The General Preamble for Implementation of Title I 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 the standard. See General Preamble for
Implementation of Title I (57 FR 13498 (April 16, 1992)).
    Because attainment has been reached for the Area, no additional
measures are needed to provide for attainment, and CAA 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 until redesignation.
See 40 CFR 51.1004(c). The RFP requirement under CAA section 172(c)(2)
and contingency measures requirement under CAA section 172(c)(9) are
similarly not relevant for purposes of redesignation.
    Section 172(c)(3) of the CAA requires submission of a
comprehensive, accurate, and current inventory of actual emissions. As
part of West Virginia's attainment plan submittal, the State submitted
a 2002 emissions inventory. As previously noted, on September 7, 2011
(76 FR 55542), EPA determined that the Huntington-Ashland Area attained
the 1997 annual PM2.5 NAAQS, based on complete, quality-
assured data for the period of 2007-2009. That rulemaking action
suspended certain planning requirements related to attainment,
including the RACT/RACM requirement of section 172(c)(1), the RFP
requirement of CAA section 172(c)(2), the attainment demonstration
requirement of CAA section 172(c)(3), and the requirement for
contingency measures in CAA section 172(c)(9). As a result of the
determination of attainment, the only remaining requirement under CAA
section 172 to be considered for purposes of redesignation of the West
Virginia portion of the Area is the emissions inventory required under
CAA section 172(c)(3). On October 2, 2012 (77 FR 60085), EPA proposed
approval of the base year inventory for the West Virginia portion of
the Area for the 1997 annual PM2.5 NAAQS. An evaluation of
West Virginia's 2002 base year inventory for the West Virginia portion
of the Area is provided in the Technical Support Document (TSD)
prepared by EPA for that rulemaking action. In that action, EPA
determined that the emissions inventory and emissions statement
requirements for the West Virginia portion of the Area have been
satisfied, and proposed to approve the inventory as meeting the
requirements of CAA section 172. Final approval of the emissions
inventory in that action will satisfy the emissions inventory
requirement for redesignation under CAA section 172(c)(3).
    Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA 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 prevention of significant deterioration (PSD)
requirements will apply after redesignation, areas being redesignated
need not comply with the requirement that a nonattainment new source
review (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, Asssistant Administrator for Air and Radiation, dated
October 14, 1994, entitled, ``Part D New Source Review Requirements for
Areas Requesting Redesignation to Attainment.'' Nevertheless, West
Virginia currently has an approved NSR program, codified in 45 CSR 19.
See 71 FR 64468 (November 2, 2006) (approving NSR program into the SIP)
and 77 FR 63736 (October 17, 2012) (approving revisions to West
Virginia's PSD program). However, the State's PSD program for annual
PM2.5 will become effective in the Huntington-Ashland Area
upon redesignation to attainment.
    Section 172(c)(6) of the CAA requires the SIP to contain control
measures necessary to provide for attainment of the standard. Because
attainment has been reached for the Area, no additional measures are
needed to provide for attainment.
    Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of CAA section 110(a)(2). As noted previously, we
believe the West Virginia SIP meets the requirements of CAA section
110(a)(2) that are applicable for purposes of redesignation.
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported 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 Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
which EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating a redesignation request under CAA 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 (6th Cir. 2001) (upholding
this interpretation); see also 60 FR 62748 (Dec. 7, 1995) (discussing
Tampa, Florida). Thus, EPA determines that the Huntington-Ashland Area
has satisfied all applicable requirements for purposes of redesignation
under CAA section 110 and, upon final approval of the 2002 base year
inventory proposed on October 2, 2012, will have satisfied all
applicable requirements under part D of title I of the CAA.
 c. The West Virginia Portion of the Area Has a Fully Approved
Applicable SIP Under Section 110(k) of the CAA
    Upon final approval of the 2002 base year inventory, as proposed in
the October 2, 2012 rulemaking action, EPA will have fully approved the
West Virginia portion of the Area under section 110(k) of the CAA for
all requirements applicable for purposes of redesignation to attainment
for the 1997 annual PM2.5 standard. Therefore, upon final
approval of the 2002 base year emissions inventory, EPA will have
approved all part D subpart 1 requirements applicable for purposes of
this redesignation.

3. The Air Quality Improvement in the West Virginia Portion of 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

    For redesignating a nonattainment area to attainment, CAA section
107(d)(3)(E)(iii) 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. EPA believes that West Virginia has
demonstrated that the observed air quality improvement in the West
Virginia portion of the Area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP,
Federal measures, and other/state-adopted measures. In making this

demonstration, West Virginia has calculated the change in emissions
between 2005, one of the years used to designate the Huntington-Ashland
Area as nonattainment, and 2008, one of the years for which the
Huntington-Ashland Area monitored attainment. The reduction in
emissions and the corresponding improvement in air quality over this
time period can be attributed to a number of regulatory control
measures that the Huntington-Ashland Area and contributing areas have
implemented in recent years.
a. Federal Measures Implemented
    Reductions in fine particulate precursor emissions have occurred
statewide and in upwind states as a result of Federal emission control
measures with additional emission reductions expected to occur in the
future. Federal emission control measures include the following:
(1) Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards
    These emission control requirements result in lower NOX
and SO2 emissions from new cars and light duty trucks,
including sport-utility vehicles. The Federal rules were phased in
between 2004 and 2009. EPA has estimated that, after phasing in the new
requirements, new vehicles emit less NOX in the following
percentages: Passenger cars (light duty vehicles--77%); light duty
trucks, minivans, and sports utility vehicles--86%; and, larger sports
utility vehicles, vans, and heavier trucks--69-95%. EPA expects fleet
wide average emissions to decline by similar percentages as new
vehicles replace older vehicles. The Tier 2 standards also reduced the
sulfur content of gasoline to 30 parts per million (ppm) beginning in
January 2006, up to a 90 percent reduction.
(2) Heavy-Duty Diesel Engine Rule
    EPA issued this rule in July 2000. This rule includes standards
limiting the sulfur content of diesel fuel, which went into effect in
2004. A second phase took effect in 2007 which reduced fine particulate
emissions from heavy-duty highway engines and further reduced the
highway diesel fuel sulfur content to 15 ppm. The total program is
estimated to achieve a 90% reduction in direct PM2.5
emissions and a 95% reduction in NOX emissions for these new
engines using low sulfur diesel, compared to existing engines using
higher sulfur diesel fuel. The reduction in fuel sulfur content also
yielded an immediate reduction in particulate sulfate emissions from
all diesel vehicles.
(3) Nonroad Diesel Rule
    In May 2004, EPA promulgated a new rule for large nonroad diesel
engines, such as those used in construction, agriculture, and mining,
to be phased in between 2008 and 2014. The rule also reduces the sulfur
content in nonroad diesel fuel by over 99%. Prior to 2006, nonroad
diesel fuel averaged approximately 3,400 ppm sulfur. This rule limited
nonroad diesel sulfur content to 500 ppm by 2006, with a further
reduction to 15 ppm by 2010.
b. Controls on PM2.5 Precursors
    The Area's air quality is strongly affected by regulation of
SO2 and NOX from power plants. EPA promulgated
the NOX SIP Call, CAIR, and CSAPR to address SO2
and NOX emissions from EGUs and certain non-EGUs across the
eastern United States. The affected EGUs in the West Virginia portion
of the Area are two American Electric Power (AEP) generating stations
in Mason County.
(1) NOX SIP Call
    EPA issued the NOX SIP Call in 1998 to require 22 states
and the District of Columbia to reduce NOX emissions from
large EGUs and large non-EGUs such as industrial boilers, internal
combustion engines, and cement kilns. (63 FR 57356, October 27, 1998).
EPA approved West Virginia's Phase I NOX SIP Call rule in
2002 and its Phase II rule in 2006. Emission reductions resulting from
regulations developed in response to the NOX SIP Call are
permanent and enforceable.
(2) CAIR and CSAPR
    EPA approved West Virginia's CAIR rules in 2009 (74 FR 38536,
August 4, 2009). The maintenance plan for the West Virginia portion of
the Area thus lists CAIR as a control measure for the purpose of
reducing SO2 and NOX emissions from EGUs. Because
the Transport Rule had not been finalized and CAIR was in place when
West Virginia submitted its redesignation request and maintenance plan,
inclusion of CAIR as a control measure was consistent with EPA policy
at that time.
    As previously discussed, the D.C. Circuit's 2008 remand of CAIR
left the rule in place to ``temporarily preserve the environmental
values covered by CAIR'' until EPA replaced it with a rule consistent
with the Court's opinion, and the court's August 2012 decision on the
Transport Rule also left CAIR in effect until the legal challenges to
the Transport Rule are resolved. As noted, EPA believes it is
appropriate to allow states to rely on CAIR, and the existing emissions
reductions achieved by CAIR, as sufficiently permanent and enforceable
pending a valid replacement rule, for purposes such as redesignation.
    Furthermore, as previously discussed, 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. EPA's modeling projections show that all ambient
monitors in the Area are expected to continue to maintain compliance in
the 2012 and 2014 ``no CAIR'' base cases. Therefore, none of the
ambient monitoring sites in the Huntington-Ashland Area are
``receptors'' that EPA projects will have future nonattainment problems
or difficulty maintaining the NAAQS.
c. Federal Consent Decrees
    EGUs in this Area are subject to Federal consent decrees that have
reduced emissions of NOX and SO2 in the Area.
There are two AEP EGUs in Mason County, the partial county portion of
the West Virginia portion of the Area. These are the Mountaineer Power
Station (Mountaineer) and the Philip Sporn Power Station (Philip
Sporn). As part of a Federally enforceable consent decree, Mountaineer
was required, starting in January 2008, to operate its selective
catalytic reduction (SCR) continuously to control NOX
emissions, and to operate continuously its Flue Gas Desulfurization
(FGD) to reduce SO2 emissions starting in December 2007.
    Since 2008, additional controls have or will be installed on EGUs
within the West Virginia portion of the Area and in Kentucky and Ohio,
which will continue to contribute to the reductions in precursor
pollutants for PM2.5. Pursuant to the Federally enforceable
consent decree, Philip Sporn installed and began operation of selective
non-catalytic reduction (SNCR) to control NOX emissions on
Units 3 and 4 starting in January 2009 and is required to retire,
retrofit, or repower Unit 5 by December 31, 2013. Several EGUs in
Gallia and Adams Counties in Ohio have installed controls as a result
of Federally enforceable consent decrees. Two units at the General J.
M. Gavin Station (owned or operated by AEP) in Gallia County, Ohio were
required to continuously operate SNCR starting in December 2009, and
five units at the Kyger Creek Station in Gallia County have installed
and continuously operated SNCRs since January, 2009. Additionally,
Kyger Creek Station plans to install and operate FGDs in 2012.

Also, four units at the J.M. Stuart DP&L Station in Adams County, Ohio
have been operating year round SNCR since 2009, and one unit at Big
Sandy Power Station (owned and/or operated by AEP) in Lawrence County,
KY was required by consent decree to install and continuously operate
SCR starting in January 2009 and a FGD starting in December 2015.
    A summary of the emissions reductions from 2005 to 2009 for the
entire Huntington-Ashland Area is provided in Table 2 below. As
discussed below, West Virginia's maintenance plan provides for
verification of continued attainment by performing triennial reviews of
emissions inventories for all PM2.5 precursors, as well as
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
----------------------------------------------------------------------------------------------------------------
                                                             Emission differences from 2005-2009 (tpy)
                                                 ---------------------------------------------------------------
                Facility--county                                      Percent                         Percent
                                                        SO2          reduction          NOX          reduction
----------------------------------------------------------------------------------------------------------------
Kentucky
    Big Sandy--Lawrence County..................           9,783              20           7,624              61
West Virginia
    Mountaineer--Mason County...................          40,214              94          10,073              79
    Philip Sporn--Mason County..................          22,433              57           5,020              56
Ohio
    JM Stuart--Adams County.....................          42,224              40          16,124              66
    Killen Station--Adams County................          17,592              90           3,083              52
    Gen JM Gavin--Gallia County.................           1,701               6          31,800              82
    Kyger Creek--Gallia County..................          16,032              22          15,209              82
----------------------------------------------------------------------------------------------------------------
Source: Clean Air Markets Data and Maps database (http://camddataandmaps.epa.gov/).

    Based on the information summarized above, West Virginia has
adequately demonstrated that the improvement in air quality is due to
permanent and enforceable emissions reductions. The reductions result
from Federal requirements, regulation of precursors under the
NOX SIP Call and CAIR, and Federal consent decrees affecting
EGUs in the Huntington-Ashland Area, which are permanent and
enforceable.
    Additionally, because PM2.5 concentrations in the
Huntington-Ashland Area are impacted by the transport of sulfates and
nitrates, as noted previously, the Area's air quality is strongly
affected by regulation of SO2 and NOX emissions
from EGUs in states in the region that significantly contribute to the
Area. Table 3 shows statewide EGU emissions data for the years 2002,
2008 and 2010 for the states that are significantly contributing to the
air quality in the Huntington-Ashland Area. Emissions for 2008 and 2010
reflect the implementation of CAIR.

             Table 3--Comparison of 2002, 2008, and 2010 EGU NOX and SO2 Emissions for States That Contribute to the Huntington-Ashland Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       NOX (tpy)                                           SO2 (tpy)
                                                 -------------------------------------------------------------------------------------------------------
                      State                                                               Net change                                          Net change
                                                      2002         2008         2010      2002-2008       2002         2008         2010      2002-2008
                                                                                (percent)                                           (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.........................................      161,559      112,625       63,289          -30      448,248      357,546      204,189          -20
Georgia.........................................      146,456      105,894       60,521          -27      512,654      514,539      218,836           <1
Illinois........................................      174,247      119,976       76,299          -31      353,699      257,431      220,092          -27
Indiana.........................................      281,146      196,580      120,924          -30      778,868      595,966      414,764          -23
Kentucky........................................      198,599      157,847       91,824          -20      482,653      344,356      266,204          -22
Michigan........................................      132,624      103,473       76,130          -20      342,999      326,501      242,188           -4
Missouri........................................      139,799       88,600       58,364          -36      235,532      258,269      236,216            9
Ohio............................................      370,497      235,018      104,839          -36    1,132,069      709,444      572,126          -37
Pennsylvania....................................      200,909      175,219      125,486          -12      889,766      631,915      393,196          -28
Tennessee.......................................      155,996       85,543       31,073          -43      336,995      208,069      119,023          -38
West Virginia...................................      225,371       97,331       51,393          -56      507,110      301,574      106,087          -40
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................    2,025,644    1,478,106      860,142          -27    5,785,061    4,505,610    2,992,921          -22
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Clean Air Markets Data and Maps database (http://camddataandmaps.epa.gov/).

    Table 3 shows that the states impacting the Huntington-Ashland Area
reduced NOX and SO2 emissions from EGUs by
547,538 tpy and 979,451 tpy, respectively, between 2002 and 2008. This
table also includes emissions from the contributing states in 2010,
which shows the continuing, generally downward trend of NOX
and SO2 emissions from these states.

4. The West Virginia Portion of the Area Has a Fully Approvable
Maintenance Plan Pursuant to Section 175A of the CAA

    In conjunction with its request to redesignate the West Virginia
portion of the Area to attainment status, West

Virginia submitted a SIP revision to provide for maintenance of the
1997 annual PM2.5 NAAQS in the Area for at least 10 years
after redesignation. West Virginia is requesting that EPA approve this
SIP revision as meeting the requirement of CAA section 175A. Once
approved, the maintenance plan for the West Virginia portion of the
Area will ensure that the SIP for West Virginia meets the requirements
of the CAA regarding maintenance of the 1997 annual PM2.5
NAAQS for this area.
a. Requirements of a Maintenance Plan
    Section 175 of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under CAA section 175A, the plan must demonstrate continued attainment
of the applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, West Virginia must submit a revised maintenance plan
demonstrating 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, with a schedule for implementation, as EPA deems
necessary to assure prompt correction of any future PM2.5
violations. The John Calcagni memorandum entitled ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' dated
September 4, 1992, provides additional guidance on the content of a
maintenance plan. The memorandum states that a PM2.5
maintenance plan should address the following provisions:
    (1) An attainment emissions inventory;
    (2) A maintenance demonstration showing maintenance for 10 years;
    (3) A commitment to maintain the existing monitoring network;
    (4) Verification of continued attainment; and
    (5) A contingency plan to prevent or correct future violations of
the NAAQS.
b. Analysis of the Maintenance Plan
(1) Attainment Emissions Inventory
    An attainment inventory is comprised of the emissions during the
time period associated with the monitoring data showing attainment.
WVDEP developed emissions inventories for NOX, direct
PM2.5, and SO2 for 2008, one of the years in the
period during which the Huntington-Ashland Area monitored attainment of
the 1997 annual PM2.5 standard, as described previously. The
2008 point source inventory contained emissions for EGUs and non-EGUs
in Cabell and Wayne Counties. For the portion of Mason County that is
part of this nonattainment area, the Mountaineer Plant, Sporn Plant,
and New Haven Plant are included in the inventory. WVDEP used data from
EPA's CAMD database to compile the EGU and non-EGU inventory. For the
2008 Area and Nonroad Mobile source emissions, WVDEP used the 2008
National Emissions Inventory (NEI) version 1.5 data developed by EPA.
The 2008 Onroad Mobile source inventory was developed using the most
current version of EPA's highway mobile source emissions model
MOVES2010a. WVDEP used the Kentucky, Ohio, and West Virginia (KYOVA)
Travel Demand Model, which is the most recent travel demand model
provided by the KYOVA Interstate Planning Commission that covers the
nonattainment counties in WV. Information from the travel demand models
combined with Highway Performance Monitoring Systems (HPMS) county-
level data from each area were used in the emissions analysis.
Additional data needed for input into the MOVES2010a model was provided
by the Ohio Department of Transportation (ODOT), Ohio EPA, West
Virginia Department of Transportation (WVDOT), WVDEP, Kentucky
Transportation Cabinet (KYTC) and the Kentucky Division of Air Quality
(KDAQ).
(2) Maintenance Demonstration
    On June 30, 2011, the WVDEP submitted a maintenance plan for the
West Virginia portion of the Area as required by section 175A of the
CAA. WVDEP uses projection inventories to show that the Area will
remain in attainment and developed projection inventories for an
interim year of 2015 and a maintenance plan end year of 2022 to show
that future emissions of NOX, SO2, and direct
PM2.5 will remain at or below the attainment year 2008
emissions levels throughout the West Virginia portion of the Area
through the year 2022. A maintenance demonstration need not be based on
modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra. See also
66 FR at 53099-53100; 68 FR at 25430-32. The projection inventories for
the 2015 and 2022 point, area, and nonroad sources were based on the
2012 and 2018 Visibility Improvement State and Tribal Assoiation of the
Southeast (VISTAS)/Association of Southeastern Integrated Planning
(ASIP) modeling inventory.
(a) Point Sources
    West Virginia developed the 2015 point source inventory by
interpolation between VISTAS/ASIP 2012 and 2018 modeling inventory. The
2022 EGU inventory for PM2.5, NOX, and
SO2 was kept the same as the VISTAS/ASIP 2018 inventory. The
2022 non-EGU inventory was extrapolated from the 2012 and 2018
inventory. Point source emissions for 2012 and 2018 were developed for
EGUs and non-EGUs. For EGUs, WVDEP used the projection inventory
developed by VISTAS/ASIP. VISTAS/ASIP analysis was based on EPA's IPM
model. The VISTAS/ASIP analysis projected future year emissions for
EGUs under several scenarios based on the best information available at
the time of the analysis. WVDEP used the ``on the way'' (OTW)
projections, which took into account the reductions required by CAIR,
as a basis for 2012 and 2018 EGU emissions. VISTAS/ASIP used EPA's
EGAS, Version 4.0 to make the projections for non-EGUs, incorporating
the growth factors suggested in the reports entitled Development of
Growth Factors for Future Year Modeling Inventories (April 30, 2004)
and CAIR Emission Inventory Overview (July 23, 2004). EPA has reviewed
the VISTAS documentation provided by WVDEP and found the methodologies
acceptable.
(b) Area Sources
    Area source emissions for 2015 were interpolated from the VISTAS/
ASIP 2012 and 2018 inventories. The 2022 emissions were extrapolated
from the VISTAS/ASIP 2012 and 2018 inventories. Growth and controls for
emissions were based on the methodologies applied by EPA for the CAIR
analysis.
(c) Nonroad Sources
    Nonroad source emissions, including aircraft, locomotives, and
commercial marine vessels (CMV) for 2015 were interpolated from the
VISTAS/ASIP 2012 and 2018 inventories. CMV source emissions for
SO2 included in the 2022 inventory were held constant at
2018 levels because no further reduction in fuel sulfur content is
expected. All other nonroad source emissions for 2022 were extrapolated
from the VISTAS/ASIP 2012 and 2018 inventories.
(d) Onroad Mobile Sources
    The 2015 and 2022 onroad mobile source emissions were prepared
using MOVES2010a following the same procedure as the 2008 inventory as
described previously.
    EPA has determined that the emissions inventories provided by

WVDEP are approvable. For more information on EPA's analysis of the
emissions inventories, see the TSD dated April 9, 2012, available in
the docket for this rulemaking action at www.regulations.gov. Table 4
shows the inventories for the 2008 attainment base year, the 2015
interim year, and the 2022 maintenance plan end year for the entire
nonattainment area.

    Table 4--Comparison of 2008, 2015, 2022 SO2, NOX, and Direct PM2.5 Emission Totals, in tpy for the Entire
                                        Huntington-Ashland Area WV-KY-OH
----------------------------------------------------------------------------------------------------------------
                                                                                Decrease from
                                             2008               2015               2022           2008 to 2022
----------------------------------------------------------------------------------------------------------------
SO2 (tpy)...........................            221,210            139,263             88,432            132,778
NOX (tpy)...........................            145,527             94,932             68,313             77,214
PM2.5 (tpy).........................             11,701             11,262             11,317                384
----------------------------------------------------------------------------------------------------------------

    Table 4 shows that, between 2008 and 2015, the entire Huntington-
Ashland Area is projected to reduce SO2 emissions by 81,947
tpy, NOX emissions by 50,595 tpy, and direct
PM2.5 emissions by 439 tons. Between 2008 and 2022, the area
is projected to reduce SO2 emissions by 77,214 tpy,
NOX emissions by 132,778 tpy, and direct PM2.5
emissions by 384 tpy. Thus, the projected emissions inventories show
that the area will continue to maintain the 1997 annual
PM2.5 NAAQS during the 10 year maintenance period.
(3) Maintenance Demonstration Through 2023
    As noted in section 4.a of this document, CAA 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.''
September 4, 1992 Memorandum from John Calcagni, Director, AQMD,
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' p. 9. Where the emissions inventory method of showing
maintenance is used, its 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 above, the State's maintenance plan
submission expressly documents that the Area's emissions inventories
will remain below the attainment year inventories through 2022. In
addition, for the reasons set forth below, EPA believes that the
State'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:
     Significant emissions controls remain in place, and will
continue to provide reductions that keep the Area in attainment. The
Mountaineer Power Station was required by a permanent and enforceable
consent decree to install SCR for NOX in 2008 and to operate
its FGD continuously for SO2 in 2007. Philip Sporn Power
Station installed SNCR to control NOX in 2009, and must
retire, retrofit, or repower Unit 5 by the end of 2013.
     West Virginia has committed to maintain all of the control
measures that are relied on, and will submit any changes to EPA for
approval as a SIP revision.
     Emissions inventory levels for SO2 and
NOX in 2022 are well below the attainment year inventory
levels (see Table 4), and it is highly improbable that sudden increases
would occur that could exceed the attainment year inventory levels in
2023.
     The mobile source contribution has been determined to be
insignificant, and is expected to remain insignificant in 2023 with
fleet turnover in upcoming years that will result in cleaner vehicles
and cleaner fuels.
     Air quality concentrations well below the standard,
coupled with the emissions inventory projections through 2022 show that
it would be very unlikely for a violation to occur in 2023. The 2009-
2011 design value of 12.1 [mu]g/m\3\ provides a sufficient margin in
the event emissions increase, and continues the downward trend of
monitored data in this Area for the last several years.
    Thus, if EPA finalizes its proposed approval of the redesignation
request and maintenance plans in 2013, it is based on a showing, in
accordance with CAA section 175A, that the State's maintenance plan
provides for maintenance for at least ten years after redesignation,
and into 2023.
(4) Monitoring Network
    West Virginia's maintenance plan includes a commitment to continue
to operate its EPA-approved monitoring network, as necessary to
demonstrate ongoing compliance with the NAAQS. West Virginia currently
operates a PM2.5 monitor in Cabell County. Two of the
remaining monitors are located in Ohio, and one monitor is located in
Kentucky. West Virginia will consult with EPA prior to making any
necessary changes to the network and will continue to quality assure
the monitoring data in accordance with the requirements of 40 CFR part
58.
(5) Verification of Continued Attainment
    To provide for tracking of the emission levels in the area, WVDEP
requires major point sources to submit air emissions information
annually and prepares a new periodic inventory for all PM2.5
precursors every three years in accordance with EPA's Air Emissions
Reporting Requirements (AERR). Emissions information will be compared
to the attainment year inventory to assure continued attainment with
the 1997 annual PM2.5 NAAQS and will be used to assess
emissions trends, as necessary.
(6) The Maintenance Plan's Contingency Measures
    The contingency plan provisions 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 ensure that West Virginia will
promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the events that
would ``trigger'' the adoption and implementation of a contingency
measure(s), the contingency measure(s) that would be adopted and
implemented, and the schedule indicating the time frame by which the
state would adopt and implement the measure(s).
    The ability of the West Virginia portion of the Area to stay in
compliance with the 1997 annual PM2.5 NAAQS after
redesignation depends upon NOX and SO2 emissions
in the Huntington-Ashland Area remaining at

or below 2008 levels. West Virginia's maintenance plan projects
NOX and SO2 emissions to decrease and stay below
2008 levels through at least the year 2022. West Virginia's maintenance
plan outlines the procedures for the adoption and implementation of
contingency measures to further reduce emissions should a violation
occur.
    West Virginia's contingency measures include a Warning Level
Response and an Action Level response. An initial Warning Level
Response is triggered when the average weighted annual mean for a
single calendar year exceeds 15.5 ug/m3 within the maintenance area. In
that case, a study will be conducted to determine if the emissions
trends show increases; if action is necessary to reverse emissions
increases, West Virginia will follow the same procedures for control
selection and implementation as for an Action Level Response, and
implementation of necessary controls will take place as expeditiously
as possible, but no later than 12 months from the end of the most
recent calendar year.
    The Action Level Response will be prompted by any one of the
following: A Warning Level Response study that shows emissions
increases; a weighted annual mean over a two-year average that exceeds
the standard; or a violation of the standard in the maintenance area.
If an Action Level Response is triggered, West Virginia will adopt and
implement appropriate control measures within 18 months from the end of
the year in which monitored air quality triggering a response occurs.
West Virginia will also consider whether additional regulations that
are not a part of the maintenance plan can be implemented in a timely
manner to respond to the trigger.
    West Virginia's candidate contingency measures include the
following: (1) Diesel reduction emission strategies, (2) alternative
fuels and diesel retrofit programs for fleet vehicle operations, (3)
PM2.5, SO2, and NOX emissions offsets
for new and modified major sources, (4) concrete manufacturing
controls, and (5) additional NOX reductions. Additionally,
West Virginia has identified a list of sources that could potentially
be controlled. These include: Industrial, commercial and institutional
(ICI) boilers for SO2 and NOX controls, EGUs,
process heaters, internal combustion engines, combustion turbines,
other sources greater than 100 tons per year, fleet vehicles, and
aggregate processing plants.
    For all of the reasons discussed above, EPA is proposing to approve
West Virginia's 1997 annual PM2.5 maintenance plan for the
West Virginia portion of the Area as meeting the requirements of CAA
section 175A.

VII. Analysis of West Virginia's Transportation Conformity
Insignificance Determination for the Huntington-Ashland Area

    Under section 176(c) of the CAA, new transportation 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 mobile sources. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of a
NAAQS or an interim milestone. This is typically determined by showing
that estimated emissions from existing and planned highway and transit
systems are less than or equal to the motor vehicle emissions budgets
(MVEBs) contained in a SIP. 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 ensuring
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA must affirmatively find the MVEBs contained
therein ``adequate'' for use in determining transportation conformity.
The process for determining adequacy is set forth in the guidance
``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 Changes.''
69 FR 40004 (July 1, 2004). After EPA affirmatively finds the submitted
MVEBs are adequate for transportation conformity purposes, in
accordance with the guidance, the MVEBs can 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.
    For budgets to be approvable, they must meet, at a minimum, EPA's
adequacy criteria in 40 CFR 93.118(e)(4). However, the transportation
conformity rule at 40 CFR 93.109(f) allows areas to forego
establishment of MVEBs 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. EPA's
rationale for providing for insignificance determinations may be found
in the July 1, 2004 revision to the Transportation Conformity Rule. The
general criteria for insignificance determinations, per 40 CFR
93.109(f), are based on a number of factors, including the percentage
of motor vehicle emissions in the context of the total SIP inventory;
the current state of air quality as determined by monitoring data for
the relevant NAAQS; the absence of SIP motor vehicle control measures;
and the historical trends and future projections of the growth of motor
vehicle emissions in the area.
    In West Virginia's June 30, 2011 submittal, the State provided
information that projects that onroad mobile source NOX
constitutes six percent or less of the Area's total NOX
emissions in 2015 and 2022 due to continuing fleet turnover and that
onroad mobile source PM2.5 emissions constitute less than
three percent of the Area's total PM2.5 emissions. Both
projections took into consideration future vehicle miles traveled (VMT)
growth. In addition, neither EPA nor the State has made any findings
that volatile organic compounds (VOCs), SO2, or ammonia
(NH3) are significant contributors to PM2.5
mobile emissions. The submittal meets the criteria in the relevant
portions of 40 CFR 93.102 and 93.118 for an insignificance finding, and
EPA agrees with the determination of insignificance for both
NOX and PM2.5 for the West Virginia portion of
the Area. For more information on EPA's review of the determination of
insignificance, see the TSD dated May 30, 2012, available in the docket
for this rulemaking action at www.regulations.gov.

VIII. Proposed Actions

    EPA is proposing to approve the redesignation of the West Virginia
portion of the Area from nonattainment to attainment for the 1997
annual PM2.5 NAAQS. EPA has evaluated West Virginia's
redesignation request and determined that, upon approval of the base
year emissions inventory in the separate rulemaking action noted
previously, it would meet the redesignation criteria set forth in
section 107(d)(3)(E) of the CAA. EPA believes that the monitoring data
demonstrate that the Huntington-Ashland Area has attained the 1997
annual PM2.5 NAAQS and will continue to attain the standard.
Final approval of this redesignation request would change the
designation of the West Virginia portion of the Area from nonattainment
to attainment for the 1997 annual PM2.5 standard. EPA is
also proposing to approve the associated

maintenance plan for the West Virginia portion of the Area, submitted
on June 30, 2011, as a revision to the West Virginia SIP because it
meets the requirements of CAA section 175A as described previously in
this notice. EPA is also proposing to approve the insignificance
determination for on-road motor vehicle contribution of
PM2.5, NOX, and SO2, submitted by West
Virginia for the West Virginia portion of the Area in conjunction with
its redesignation request. As noted previously, the 30 day public
comment period for the proposed insignificance determination started on
November 5, 2012 and will end on December 4, 2012. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.

IX. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and does not provide EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule proposing approval of West Virginia's
redesignation request, maintenance plan, and transportation conformity
insignificance determination for the Huntington-Ashland Area for the
1997 annual PM2.5 NAAQS 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, PM2.5, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness Areas.

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

    Dated: November 7, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-27785 Filed 11-14-12; 8:45 am]
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