[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79593-79604]
[FR Doc No: 2011-32819]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

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

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:

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

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

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

II. What actions is EPA proposing to take?

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

III. What is the background for these actions?

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

IV. What are the criteria for redesignation to attainment?

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

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

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

1. Attainment

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

continues to attain the 1997 annual PM2.5 standard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Under section 176(c) of the CAA, transportation plans and
transportation improvement programs (TIPs) must conform to applicable
SIP goals. This means that such actions will not: (1) Cause or
contribute to violations of a NAAQS; (2) worsen the severity of an
existing violation; or (3) delay timely attainment of a NAAQS or any
interim milestone. Actions involving Federal Highway Administration
(FHWA) or Federal Transit Administration (FTA) funding or approval are
subject to the transportation conformity rule (40 CFR part 93 subpart
A.) Under this rule, MPOs in nonattainment and maintenance areas
coordinate with state air quality and transportation agencies, EPA,
FHWA and FTA to demonstrate that their metropolitan transportation
plans (``plans'') and TIPs conform to applicable SIPs. This is
typically determined by showing that estimated emissions from existing
and planned highway and transit systems are less than or equal to the
motor vehicle emissions budgets (MVEBs) contained in a SIP.
    For budgets to be approvable, they must meet, at a minimum, EPA's
adequacy criteria (40 CFR 93.118(e)(4)). However, the conformity rule
at 40 CFR 93.109(m) allows areas to forgo establishment of a budget(s)
where it is demonstrated that regional motor vehicle emissions for a
particular pollutant or precursor pollutant are an insignificant
contributor to the air quality problem in the area. The general
criteria for insignificance determinations per 40 CFR 93.109(m) are
based on a number of factors, including (1) The percentage of motor
vehicle emissions in context of the total SIP inventory; (2) the
current state of air quality as determined by monitoring data for that
NAAQS; (3) the absence of SIP motor vehicle control measures; and (4)
historical trends and future projections of the growth of motor vehicle
emissions in the area.
    EPA previously reviewed the attainment demonstration that Ohio
submitted for its portion of the Huntington-Ashland area and made an
insignificance finding through the transportation conformity adequacy
process for NOX and directly emitted PM2.5 for
the Ohio portion of the Huntington-Ashland PM2.5
nonattainment area on December 7, 2009 (74 FR 64075). That
insignificance finding was effective on December 22, 2009. As a result
of EPA's insignificance finding, the Ohio portion of the Huntington-
Ashland PM2.5 area was no longer required to perform
regional emissions analyses for either directly emitted
PM2.5 or NOX as part of future PM2.5
conformity determinations for the 1997 PM2.5 NAAQS until
such time as EPA reviewed and took action on the Huntington-Ashland
PM2.5 area's attainment demonstration or acted on a
submitted maintenance plan for the Ohio portion of the area (the
subject of today's proposed action).
    As part of the On May 4, 2011, redesignation request and
maintenance plan Ohio EPA requested that EPA find that on-road
emissions of direct PM2.5 and NOX emissions are
insignificant for conformity purposes. On May 5, 2011, EPA initiated an
adequacy review of the finding of insignificance that Ohio included in
its redesignation submittal. As such, a notice of the submission of
this finding was posted on its adequacy web page (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm). The public comment period
closed June 6, 2011. There were no public comments. EPA is acting on
making these findings final.
    Consistent with EPA's adequacy review of Ohio's redesignation
request and maintenance plan and the Agency's thorough review of the
entire SIP submission, EPA is proposing to approve Ohio's
insignificance determination for the on-road motor vehicle contribution
of NOX and PM2.5 emissions to the overall
PM2.5 emissions in the Huntington-Ashland PM2.5
area.
    Because EPA finds that Ohio's submitted maintenance plan and
redesignation request meets the criteria in the conformity rule for an
insignificance finding for motor vehicle emissions of NOX
and PM2.5 in the Ohio portion of the Huntington-Ashland
PM2.5 area, it is not necessary to establish
PM2.5 and NOX budgets for the Ohio portion of the
Huntington-Ashland PM2.5 area. That is, EPA finds that the
submittal demonstrates that, for NOX and PM2.5,
regional motor vehicle emissions are an insignificant contributor to
the annual PM2.5 air quality problem in the Ohio portion of
the area. This finding is based on the following: Ohio's inventory
shows that on-road emissions in the Ohio portion of the area are
currently contribute to 3.21% of the total NOX, and 0.97%
PM2.5, as shown in Table 7.

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

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

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

6. 2005 Comprehensive Emissions Inventory

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

7. Summary of Proposed Actions

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

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

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

VII. Statutory and Executive Order Reviews.

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, these actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct

costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

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