Proposed Rule: Air Pollution Control New Motor Vehicles and Engines: Kentucky

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81 / Friday April 27, 2007 / Proposed Rules
ENVIRONMENTAL PROTECTION redesignation request and maintenance address will be automatically captured
AGENCY plan in a separate action. In this action, and included as part of the comment
EPA is also notifying the public that that is placed in the public docket and
40 CFR Parts 52 and 81 EPA is reviewing the 2003 and 2020 made available on the Internet. If you
[EPA–R04–OAR–2006–0584–200701–; FRL– regional MVEBs for NOX and VOCs submit an electronic comment, EPA
8306–4] submitted by Kentucky as part of its recommends that you include your
maintenance plan, for adequacy. These name and other contact information in
Approval and Promulgation of regional MVEBs are identical to those the body of your comment and with any
Implementation Plans and contained in the Indiana submittal for disk or CD–ROM you submit. If EPA
Designations of Areas for Air Quality the bi-State area. During the comment cannot read your comment due to
Planning Purposes; Kentucky: period for this proposal, the public may technical difficulties and cannot contact
Redesignation of the Kentucky Portion also comment on the adequacy of the you for clarification, EPA may not be
of the Louisville 8-Hour Ozone proposed regional MVEBs. able to consider your comment.
Nonattainment Area to Attainment for DATES: Comments must be received on Electronic files should avoid the use of
Ozone or before May 29, 2007. special characters, any form of
encryption, and be free of any defects or
AGENCY: Environmental Protection ADDRESSES: Submit your comments,
viruses. For additional information
Agency (EPA). identified by Docket ID No. EPA–R04–
about EPA’s public docket visit the EPA
ACTION: Proposed rule. OAR–2006–0584, by one of the
Docket Center homepage at http://
following methods:
SUMMARY: On September 29, 2006, the
www.epa.gov/epahome/dockets.htm.
(a) www.regulations.gov: Follow the Docket: All documents in the
Commonwealth of Kentucky on-line instructions for submitting electronic docket are listed in the
(Kentucky), through the Kentucky comments. www.regulations.gov index. Although
Division for Air Quality (KDAQ), (b) E-mail: LeSane.Heidi@epa.gov.
listed in the index, some information is
submitted a request to redesignate the (c) Fax: 404–562–9019.
not publicly available, i.e., CBI or other
Kentucky portion of the bi-State (d) Mail: EPA–R04–OAR–2006–0584
information whose disclosure is
Louisville 8-hour ozone nonattainment Regulatory Development Section, Air
restricted by statute. Certain other
area to attainment for the 8-hour Planning Branch, Air, Pesticides and
material, such as copyrighted material,
National Ambient Air Quality Standard Toxics Management Division, U.S.
is not placed on the Internet and will be
(NAAQS); and to approve a State Environmental Protection Agency,
publicly available only in hard copy
Implementation Plan (SIP) revision Region 4, 61 Forsyth Street, SW.,
form. Publicly available docket
containing a maintenance plan for the Atlanta, Georgia 30303–8960.
materials are available either
Kentucky portion of the bi-State (e) Hand Delivery or Courier: Heidi
electronically in www.regulations.gov or
Louisville area. The Kentucky portion of LeSane, Regulatory Development
in hard copy at the Regulatory
the bi-State Louisville 8-hour ozone Section, Air Planning Branch, Air,
Development Section, Air Planning
nonattainment area (hereafter referred to Pesticides and Toxics Management
Branch, Air, Pesticides and Toxics
as the ‘‘Kentucky Bi-State Louisville Division, U.S. Environmental Protection
Management Division, U.S.
Area’’) is comprised of three Kentucky Agency, Region 4, 61 Forsyth Street,
Environmental Protection Agency,
Counties—Bullitt, Jefferson and SW., Atlanta, Georgia 30303–8960. Such
Region 4, 61 Forsyth Street, SW.,
Oldham. The Indiana portion of the bi- deliveries are only accepted during the
Atlanta, Georgia 30303–8960. EPA
State Louisville 8-hour ozone Regional Office’s normal hours of
requests that if at all possible, you
nonattainment area is comprised of two operation. The Regional Office’s official
contact the person listed in the FOR
Indiana Counties—Clark and Floyd. In hours of business are Monday through
FURTHER INFORMATION CONTACT section to
this action, EPA is proposing to approve Friday, 8:30 to 4:30, excluding Federal
schedule your inspection. The Regional
Kentucky’s 8-hour ozone redesignation holidays.
Office’s official hours of business are
request for the Kentucky Bi-State Instructions: Direct your comments to
Monday through Friday, 8:30 to 4:30,
Louisville Area. Additionally, EPA is Docket ID No. EPA–R04–OAR–2006–
excluding Federal holidays.
proposing to approve the 8-hour ozone 0584, EPA’s policy is that all comments
maintenance plan for the Kentucky Bi- received will be included in the public FOR FURTHER INFORMATION CONTACT:
State Louisville Area, including the docket without change and may be Heidi LeSane, Regulatory Development
regional motor vehicle emission budgets made available online at Section, Air Planning Branch, Air,
(MVEBs) for nitrogen oxides (NOX) and www.regulations.gov, including any Pesticides and Toxics Management
volatile organic compounds (VOCs). personal information provided, unless Division, U.S. Environmental Protection
This proposed approval of Kentucky’s the comment includes information Agency, Region 4, 61 Forsyth Street,
redesignation request is based upon claimed to be Confidential Business SW., Atlanta, Georgia 30303–8960. The
EPA’s determination that Kentucky has Information (CBI) or other information telephone number is (404) 562–9074.
demonstrated that the Kentucky Bi-State whose disclosure is restricted by statute. Mrs. LeSane can also be reached via
Louisville Area has met the criteria for Do not submit through electronic mail at
redesignation to attainment specified in www.regulations.gov or e-mail, LeSane.Heidi@epa.gov.
the Clean Air Act (CAA), including the information that you consider to be CBI SUPPLEMENTARY INFORMATION:
determination that the entire (both the or otherwise protected. The
Table of Contents
Kentucky and Indiana portions) Bi-State www.regulations.gov Web site is an
cprice-sewell on PROD1PC66 with PROPOSALS
Louisville 8-hour ozone nonattainment ‘‘anonymous access’’ system, which I. What Proposed Actions Is EPA Taking?
area has attained the 8-hour ozone means EPA will not know your identity II. What Is the Background for EPA’s
standard. In July and September 2006, or contact information unless you Proposed Actions?
III. What Are the Criteria for Redesignation?
Indiana submitted a redesignation provide it in the body of your comment. IV. Why Is EPA Proposing These Actions?
request and maintenance plan for the If you send an e-mail comment directly V. What Is the Effect of EPA’s Proposed
Indiana portion of this 8-hour ozone to EPA without going through Actions?
area. EPA is taking action on that www.regulations.gov, your e-mail VI. What Is EPA’s Analysis of the Request?
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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 20967
VII. What Are the Proposed Regional MVEBs Third, EPA is notifying the public in concentration is less than or equal to 0.08
for the Bi-State Louisville 8-Hour Ozone today’s notice of proposed rulemaking ppm. The number of significant figures in the
Area? that EPA is reviewing the 2003 and 2020 level of the standard dictates the rounding
VIII. What Is the Status of EPA’s Adequacy convention for comparing the computed 3-
regional MVEBs for NOX and VOCs, as
Determination for the MVEBs for the Bi- year average annual fourth-highest daily
State Louisville 8-Hour Ozone Area?
provided in the Kentucky submittal, for maximum 8-hour average ozone
IX. Proposed Action on the Redesignation adequacy pursuant to 40 CFR concentration with the level of the standard.
Request and Maintenance Plan SIP 93.118(f)(2). The public may comment The third decimal place of the computed
Revision, Including Proposed Approval at this time on whether the proposed value is rounded, with values equal to or
of the 2003 and 2020 MVEBs MVEBs meet the adequacy criteria greater than 5 rounding up. Thus, a
X. Statutory and Executive Order Reviews found in EPA’s conformity regulations, computed 3-year average ozone
40 CFR 93.118(e). concentration of 0.085 ppm is the smallest
I. What Proposed Actions Is EPA Today’s notice of proposed value that is greater than 0.08 ppm.’’
Taking? rulemaking is in response to Kentucky’s The CAA required EPA to designate
EPA is proposing to take three related September 29, 2006, SIP submittal as nonattainment any area that was
actions, which are summarized below which supersedes Kentucky’s June 7, violating the 8-hour ozone NAAQS
and described in greater detail 2006, submittal that included a request based on the three most recent years of
throughout the notice of proposed for parallel processing. The September ambient air quality data. The entire bi-
rulemaking: (1) To redesignate the 29, 2006, submittal requested State Louisville 8-hour ozone
Kentucky Bi-State Louisville Area to redesignation of the Kentucky bi-State nonattainment area was designated
attainment for the 8-hour ozone Louisville Area, and included a SIP using 2001–2003 ambient air quality
NAAQS; (2) to approve Kentucky’s 8- revision addressing the specific issues data. The Federal Register document
hour ozone maintenance plan, including summarized above, and the necessary making these designations was signed
the associated MVEBs; and (3) to notify elements for redesignation described in on April 15, 2004, and published on
the public that EPA is reviewing section 107(d)(3)(E). April 30, 2004 (69 FR 23857). The CAA
regional MVEBs for adequacy. contains two sets of provisions—subpart
II. What Is the Background for EPA’s
First, EPA is proposing to determine 1 and subpart 2—that address planning
Proposed Actions?
that the Kentucky Bi-State Louisville and control requirements for ozone
Ground-level ozone is not emitted nonattainment areas. (Both are found in
Area has attained the 8-hour ozone directly by sources. Rather, emissions of
standard, and has met the requirements title I, part D.) Subpart 1 (which covers
NOX and VOCs react in the presence of areas that EPA refers to as ‘‘basic’’
for redesignation under section sunlight to form ground-level ozone. nonattainment) contains general, less
107(d)(3)(E) of the CAA. The entire bi- NOX and VOCs are referred to as prescriptive, requirements for
State Louisville 8-hour ozone precursors of ozone. The CAA nonattainment areas for any pollutant—
nonattainment area is comprised of establishes a process for air quality including ozone—governed by a
three Kentucky Counties—Bullitt, management through the NAAQS. NAAQS. Subpart 2 (which covers areas
Jefferson, and Oldham, and two Indiana On July 18, 1997, EPA promulgated a that EPA refers to as ‘‘classified’’
Counties—Clark and Floyd. Today’s revised 8-hour ozone standard of 0.08 nonattainment) provides more specific
proposal addresses only the Kentucky parts per million (ppm). This new requirements for certain ozone
portion of the bi-State Louisville 8-hour standard is more stringent than the nonattainment areas. Some 8-hour
ozone area. EPA will take action on the previous 1-hour ozone standard. Under ozone nonattainment areas are subject
redesignation request and maintenance EPA regulations at 40 CFR part 50, the only to the provisions of subpart 1.
plan for the Indiana portion of this area 8-hour ozone standard is attained when Other 8-hour ozone nonattainment areas
in a separate action. EPA is now the 3-year average of the annual fourth are also subject to the provisions of
proposing to approve a request to highest daily maximum 8-hour average subpart 2. Under EPA’s Phase 1 8-hour
change the legal designation of Bullitt, ambient air quality ozone ozone implementation rule (69 FR
Jefferson, and Oldham Counties in concentrations is less than or equal to 23857) (Phase 1 Rule), signed on April
Kentucky from nonattainment to 0.08 ppm (i.e., 0.084 ppm when 15, 2004 and published on April 30,
attainment for the 8-hour ozone rounding is considered). (See, 69 FR 2004, an area was classified under
NAAQS. 23857 (April 30, 2004) for further subpart 2 based on its 8-hour ozone
Second, EPA is proposing to approve information). Ambient air quality design value (i.e., the 3-year average of
Kentucky’s 8-hour ozone maintenance monitoring data for the 3-year period the annual fourth-highest daily
plan for the Kentucky Bi-State must meet a data completeness maximum 8-hour average ozone
Louisville Area (such approval being requirement. The ambient air quality concentrations), if it had a 1-hour design
one of the CAA criteria for redesignation monitoring data completeness value at or above 0.121 ppm (the lowest
to attainment status). The maintenance requirement is met when the average 1-hour design value in Table 1 of
plan is designed to help keep the percent of days with valid ambient subpart 2). All other areas are covered
Kentucky Bi-State Louisville Area in monitoring data is greater than 90 under subpart 1, based upon their 8-
attainment for the 8-hour ozone NAAQS percent, and no single year has less than hour ambient air quality design values.
through 2020. Consistent with the CAA, 75 percent data completeness as Various aspects of EPA’s Phase 1 8-
the maintenance plan that EPA is determined in Appendix I of part 50. hour ozone implementation rule were
proposing to approve today also Specifically, section 2.3 of 40 CFR part challenged in court and on December
includes 2003 and 2020 regional MVEBs 50, Appendix I, ‘‘Comparisons with the 22, 2006, the U.S. Court of Appeals for
for NOX and VOCs. Therefore, EPA is Primary and Secondary Ozone the District of Columbia Circuit (D.C.
proposing to approve the 2003 and 2020 Standards’’ states: Circuit Court) vacated EPA’s Phase 1
regional MVEBs that are included as Implementation Rule for the 8-hour
‘‘The primary and secondary ozone
part of Kentucky’s maintenance plan. ambient air quality standards are met at an Ozone Standard. South Coast Air
These regional MVEBs apply to both the ambient air quality monitoring site when the Quality Management Dist. (SCAQMD) v.
Kentucky and Indiana portions of this 3-year average of the annual fourth-highest EPA, 472 F.3d 882 (D.C. Cir. 2006). The
bi-State 8-hour ozone area. daily maximum 8-hour average ozone D.C. Circuit Court held that certain
20968 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules
provisions of EPA’s Phase I Rule were areas under subpart 1 for the 8-hour the D.C. Circuit Court stated,
inconsistent with the requirements of standard, and remanded that matter to ‘‘[a]lthough EPA failed to make the
the CAA. The Court rejected EPA’s the Agency. Consequently, it is possible nonattainment determination within the
reasons for implementing the 8-hour that the Kentucky Bi-State Louisville statutory time frame, Sierra Club’s
standard in nonattainment areas under area could, as a result of the remand to proposed solution only makes the
subpart 1 in lieu of subpart 2 of title I, EPA, be reclassified under subpart 2. situation worse. Retroactive relief would
part D of the CAA. The Court also held Although any future decision by EPA to likely impose large costs on the States,
that EPA improperly failed to retain four classify this area under subpart 2 might which would face fines and suits for not
measures required for 1-hour trigger additional future requirements implementing air pollution prevention
nonattainment areas under the anti- for the area, this does not mean that plans in 1997, even though they were
backsliding provisions of EPA’s redesignation cannot go forward now. not on notice at the time.’’ Id. at 68.
regulations: (1) Nonattainment area New EPA’s position is based upon: (1) EPA’s Similarly, with regard to Kentucky’s
Source Review (NSR) requirements longstanding policy of evaluating redesignation request, it would be unfair
based on an area’s 1-hour nonattainment requirements in accordance with the to penalize Kentucky by retroactively
classification; (2) CAA section 185 requirements due at the time that the applying to it for purposes of
penalty fees for 1-hour severe or request is submitted; and (2) redesignation, additional SIP
extreme nonattainment areas; (3) consideration of the inequity of requirements under subpart 2 that were
measures to be implemented pursuant retroactively applying any requirements not in effect at the time it submitted its
to section 172(c)(9) or 182(c)(9) of the that might be applied in the future. redesignation request, and that are not
CAA, on the contingency of an area not In September 2006, when Kentucky
currently in effect, but that might be in
making reasonable further progress submitted its final redesignation
request, the Kentucky Bi-State effect as a result of the D.C. Circuit
toward attainment of the 1-hour
Louisville Area was classified under Court’s remand.
NAAQS, or for failure to attain that
NAAQS; and (4) certain conformity subpart 1 of the CAA, and was obligated With respect to the requirements
requirements for certain types of Federal to meet only the subpart 1 requirements. under the 1-hour standard ozone
actions. The D.C. Circuit Court upheld Under EPA’s longstanding standard, the Kentucky Bi-State
EPA’s authority to revoke the 1-hour interpretation of section 107(d)(3)(E) of Louisville Area was originally
standard provided that there were the CAA, to qualify for redesignation, designated as moderate nonattainment
adequate anti-backsliding provisions in States requesting redesignation to for the 1-hour ozone standard in
place. attainment must meet only the relevant November 6, 1991 (56 FR 56694). The
This section sets forth EPA’s views on SIP requirements that came due prior to Area was redesignated as attainment for
the potential effect of the Court’s ruling the submittal of a complete the 1-hour ozone standard on October
on this redesignation action. For the redesignation request. See, ‘‘Procedures 23, 2001 (66 FR 53665). Therefore, the
reasons described throughout this notice for Processing Requests to Redesignate Kentucky Bi-State Louisville Area was
of proposed rulemaking, EPA does not Areas to Attainment,’’ Memorandum designated to attainment of the 1-hour
believe that the D.C. Circuit Court’s from John Calcagni, Director, Air ozone standard prior to its
ruling alters any requirements relevant Quality Management Division, nonattainment designation for the 8-
to the redesignation of the Kentucky Bi- September 4, 1992; see also, Michael hour ozone standard. As a result, it is
State Louisville Area so as to preclude Shapiro Memorandum, ‘‘SIP considered to be a 1-hour attainment
redesignation, and does not prevent Requirements for Areas Submitting area subject to a CAA section 175A
EPA from proposing to finalize, or Requests for Redesignation to maintenance plan for the 1-hour
finalizing, the Louisville redesignation. Attainment of the Ozone and Carbon standard. The D.C. Circuit Court’s ruling
EPA believes that the Court’s decision, Monoxide NAAQS On or After does not impact redesignation requests
as it currently stands or as it may be November 15, 1992,’’ Memorandum for these types of areas for two main
modified based upon the petitions for from Michael H. Shapiro, Acting reasons.
rehearing that have been filed, imposes Assistant Administrator for Air and
no impediment to moving forward with Radiation, September 17, 1993; and 60 First, there are no conformity
redesignation of the Kentucky Bi-State FR 12459, 12465–66 (March 7, requirements relevant for the Louisville
Louisville Area to attainment, because 1995)(redesignation of Detroit-Ann redesignation request, such as a
redesignation is appropriate under the Arbor). See, Sierra Club v. EPA, 375 transportation conformity SIP.1 It is
relevant redesignation provisions of the F.3d 537 (7th Cir. 2004), which upheld EPA’s longstanding policy position that
CAA and longstanding policies this interpretation. See also, 68 FR it is reasonable to interpret the
regarding redesignation requests. 25418, 25424, 25427 (May 12, 2003) conformity SIP requirements as not
The Kentucky Bi-State Louisville Area (redesignation of St. Louis, Missouri). applying for purposes of evaluating a
was originally designated as moderate Moreover, it would be inequitable to redesignation request under section
nonattainment for the 1-hour ozone retroactively apply any new SIP 107(d) because State conformity rules
standard in November 6, 1991 (56 FR requirements that were not applicable at are still required after redesignation,
56694). The Area was redesignated as the time the request was submitted. The and Federal conformity rules apply
attainment for the 1-hour ozone D.C. Circuit Court recognized the where State rules have not been
standard on October 23, 2001 (66 FR general inequity in retroactive approved. See, 40 CFR 51.390; see also,
53665). On April 30, 2004, EPA rulemakings in Sierra Club v. Whitman, Wall v. EPA, 265 F.3d 426 (6th Cir.
designated the Kentucky Bi-State 285 F. 3d 63 (D.C. Cir. 2002), in which 2001) (upholding EPA’s interpretation).
Louisville Area as a ‘‘basic’’ 8-hour the D.C. Circuit Court upheld a district
ozone nonattainment area. (69 FR court’s refusal to make retroactive an 1 CAA section 176(c)(4)(E) requires states to
23857). EPA determination of nonattainment submit revisions to their SIPs to reflect certain
The D.C. Circuit Court’s decision in that was past the statutory due date. federal criteria and procedures for determining
transportation conformity. Transportation
2006 also addressed the 8-hour ozone Such a determination would have conformity SIPs are different from the motor vehicle
classification scheme. The Court resulted in the imposition of additional emissions budgets that are established in control
rejected EPA’s reasons for classifying requirements on the area. In Sierra Club, strategy SIPs and maintenance plans.
See also, 60 FR 62748 (Dec. 7, 1995) maintenance plan for the area as Requesting Redesignation to
(redesignation of Tampa, Florida). meeting the requirements of section Attainment,’’ Memorandum from Mary
Second, with regard to the three other 175A; and, (5) the State containing such D. Nichols, Assistant Administrator for
anti-backsliding provisions for the 1- area has met all requirements applicable Air and Radiation, October 14, 1994;
hour standard that the D.C. Circuit to the area under section 110 and part and
Court found were not properly retained, D of the CAA. 10. ‘‘Reasonable Further Progress,
the Kentucky Bi-State Louisville Area is EPA provided guidance on Attainment Demonstration, and Related
an attainment area subject to a redesignation in the General Preamble Requirements for Ozone Nonattainment
maintenance plan for the 1-hour for the Implementation of Title I of the Areas Meeting the Ozone National
standard, and the NSR, contingency CAA Amendments of 1990, on April 16, Ambient Air Quality Standard,’’
measure (pursuant to section 172(c)(9) 1992 (57 FR 13498), and supplemented Memorandum from John S. Seitz,
or 182(c)(9)), and fee provision this guidance on April 28, 1992 (57 FR Director, Office of Air Quality Planning
requirements no longer apply to this 18070). EPA has provided further and Standards, May 10, 1995.
area because it was redesignated to guidance on processing redesignation IV. Why Is EPA Proposing These
attainment of the 1-hour standard. As a requests in the following documents: Actions?
result, the decision in SCAQMD should 1. ‘‘Ozone and Carbon Monoxide
not alter any requirements that would Design Value Calculations,’’ On September 29, 2006, Kentucky
preclude EPA from finalizing the Memorandum from Bill Laxton, requested redesignation of the Kentucky
redesignation of Kentucky Bi-State Director, Technical Support Division, Bi-State Louisville Area from
Louisville Area to attainment for the 8- June 18, 1990; nonattainment to attainment for the 8-
hour ozone standard. 2. ‘‘Maintenance Plans for hour ozone NAAQS. EPA’s evaluation
As noted earlier, in 2005, the ambient Redesignation of Ozone and Carbon indicates that Kentucky has
ozone data for the Kentucky Bi-State Monoxide Nonattainment Areas,’’ demonstrated that the Kentucky Bi-State
Louisville Area indicated no further Memorandum from G. T. Helms, Chief, Louisville Area has attained the 8-hour
violations of the 8-hour ozone NAAQS, Ozone/Carbon Monoxide Programs ozone standard and has met the
using data from the 3-year period of Branch, April 30, 1992; requirements for redesignation set forth
2003–2005 to demonstrate attainment. 3. ‘‘Contingency Measures for Ozone in section 107(d)(3)(E) of the CAA. EPA
As a result, on September 29, 2006, and Carbon Monoxide (CO) is also notifying the public of its review
Kentucky requested redesignation of the Redesignations,’’ Memorandum from G. of the adequacy of the proposed regional
Kentucky Bi-State Louisville Area to T. Helms, Chief, Ozone/Carbon MVEBs, which is relevant to the
attainment for the 8-hour ozone Monoxide Programs Branch, June 1, requested redesignation.
NAAQS. The redesignation request 1992; V. What Is the Effect of EPA’s Proposed
included three years of complete, 4. ‘‘Procedures for Processing
Actions?
quality-assured ambient air quality data Requests to Redesignate Areas to
for the ozone seasons (March 1st until Attainment,’’ Memorandum from John EPA’s proposed actions establish the
October 31st) of 2003–2005, indicating Calcagni, Director, Air Quality basis upon which EPA may take final
that the 8-hour ozone NAAQS has been Management Division, September 4, action on the three issues being
achieved for the entire Bi-State 1992 (hereafter referred to as the proposed for approval today. Approval
Louisville area. Under the CAA, ‘‘Calcagni Memorandum’’); of Kentucky’s redesignation request
nonattainment areas may be 5. ‘‘State Implementation Plan (SIP) would change the official designation of
redesignated to attainment if sufficient, Actions Submitted in Response to Clean Bullitt, Jefferson, and Oldham Counties
complete, quality-assured data is Air Act Deadlines,’’ Memorandum from in Kentucky for the 8-hour ozone
available for the Administrator to John Calcagni, Director, Air Quality NAAQS found at 40 CFR part 81.
determine that the area has attained the Management Division, October 28, 1992; Approval of Kentucky’s request would
standard and the area meets the other 6. ‘‘Technical Support Documents also incorporate into the Kentucky SIP,
CAA redesignation requirements in (TSD’s) for Redesignation of Ozone and a plan for maintaining the 8-hour ozone
section 107(d)(3)(E). Carbon Monoxide (CO) Nonattainment NAAQS in the Kentucky Bi-State
Areas,’’ Memorandum from G. T. Helms, Louisville Area through 2020. The
III. What Are the Criteria for
Chief, Ozone/Carbon Monoxide maintenance plan includes contingency
Redesignation?
Programs Branch, August 17, 1993; measures to remedy future violations of
The CAA provides the requirements 7. ‘‘ State Implementation Plan (SIP) the 8-hour ozone NAAQS. The
for redesignating a nonattainment area Requirements for Areas Submitting maintenance plan also establishes
to attainment. Specifically, section Requests for Redesignation to regional MVEBs of 40.97 tons per day
107(d)(3)(E) of the CAA allows for Attainment of the Ozone and Carbon (tpd) for VOC and 95.51 tpd for NOX for
redesignation providing that: (1) The Monoxide (CO) National Ambient Air the year 2003, and MVEBs of 22.92 tpd
Administrator determines that the area Quality Standards (NAAQS) On or After for VOC and 29.46 tpd for NOX for the
has attained the applicable NAAQS; (2) November 15, 1992,’’ Memorandum year 2020. Approval of Kentucky’s
the Administrator has fully approved from Michael H. Shapiro, Acting maintenance plan would also result in
the applicable implementation plan for Assistant Administrator for Air and approval of the regional MVEBs.
the area under section 110(k); (3) the Radiation, September 17, 1993; Additionally, EPA is notifying the
Administrator determines that the 8. ‘‘Use of Actual Emissions in public that it is reviewing the adequacy
improvement in air quality is due to Maintenance Demonstrations for Ozone of the proposed regional MVEBs
permanent and enforceable reductions and CO Nonattainment Areas,’’ pursuant to 40 CFR 93.118(f)(2).
in emissions resulting from Memorandum from D. Kent Berry,
implementation of the applicable SIP Acting Director, Air Quality VI. What Is EPA’s Analysis of the
and applicable Federal air pollutant Management Division, November 30, Request?
control regulations and other permanent 1993; EPA is proposing to make the
and enforceable reductions; (4) the 9. ‘‘Part D New Source Review (Part determination that the Kentucky Bi-
Administrator has fully approved a D NSR) Requirements for Areas State Louisville Area has attained the 8-
hour ozone NAAQS, and that all other Appendix I of part 50, based on three recorded in the EPA Air Quality System
redesignation criteria have been met. complete, consecutive calendar years of (AQS). The monitors generally should
The basis for EPA’s determination is quality-assured air quality monitoring have remained at the same location for
discussed in greater detail below. data. To attain this standard, the 3-year the duration of the monitoring period
average of the fourth-highest daily required for demonstrating attainment.
(1) The Kentucky Bi-State Louisville
maximum 8-hour average ozone EPA reviewed ozone monitoring data
Area Has Attained the 8-Hour Ozone
concentrations measured at each from ambient ozone monitoring stations
NAAQS
monitor within an area over each year in the bi-State Louisville area for the
EPA is proposing to determine that must not exceed 0.08 ppm. Based on the ozone season from 2003–2005. This data
the Kentucky Bi-State Louisville Area rounding convention described in 40 has been quality assured and is recorded
has attained the 8-hour ozone NAAQS. CFR part 50, Appendix I, the standard in AQS. The fourth high averages for
For ozone, an area may be considered to is attained if the design value is 0.084 2003, 2004 and 2005, and the 3-year
be attaining the 8-hour ozone NAAQS if ppm or below. The data must be average of these values (i.e., design
there are no violations, as determined in collected and quality-assured in value), are summarized in Table 1
accordance with 40 CFR 50.10 and accordance with 40 CFR part 58, and below.
TABLE 1.—ANNUAL 4TH MAX HIGH AND DESIGN VALUE FOR 8-HOUR OZONE FOR BI-STATE LOUISVILLE AREA
[parts per million, ppm]
Design
Monitor County 2003 2004 2005 value
Charleston, IN ................................................................. Clark ................................... 0.090 0.074 0.080 0.081

New Albany, IN ............................................................... Floyd .................................. 0.086 0.071 0.080 0.079
WLKY, KY ....................................................................... Jefferson ............................ 0.073 0.068 0.074 0.071
Watson, KY ..................................................................... Jefferson ............................ 0.075 0.070 0.085 0.076
Bates, KY ........................................................................ Jefferson ............................ 0.072 0.070 0.079 0.073
Shepherdsville, KY .......................................................... Bullitt .................................. 0.072 0.068 0.080 0.073
Buckner, KY .................................................................... Oldham ............................... 0.082 0.076 0.089 0.082
As discussed above, the design value nonattainment areas), in accordance Applicable requirements of the CAA
for an area is the highest design value with section 107(d)(3)(E)(v). In addition, that come due subsequent to the area’s
recorded at any monitor in the area. EPA has determined that the SIP is fully submittal of a complete redesignation
Therefore, the design value for the approved with respect to all applicable request remain applicable until a
Kentucky Louisville Bi-State Area is requirements in accordance with section redesignation is approved, but are not
0.082 ppm, which meets the 8-hour 107(d)(3)(E)(ii). In making these required as a prerequisite to
ozone NAAQS. Additionally, determinations, EPA ascertained which redesignation. See, section 175A(c) of
preliminary air quality data from the requirements are applicable to the Area the CAA; Sierra Club, 375 F.3d 537 (7th
2006 monitoring season indicates that and that if applicable, they are fully Cir. 2004); see also, 68 FR 25424, 25427
the Kentucky Louisville Bi-State Area is approved under section 110(k). SIPs (May 12, 2003) (redesignation of St.
continuing to attain the 8-hour ozone must be fully approved only with Louis, Missouri).
standard. As is discussed in more detail respect to applicable requirements. General SIP requirements. Section
below, KDAQ has indicated a 110(a)(2) of title I of the CAA delineates
a. Bullitt, Jefferson and Oldham
commitment to continue monitoring in the general requirements for a SIP,
Counties in Kentucky Have Met All
the Kentucky Bi-State Louisville Area in which include enforceable emissions
Applicable Requirements Under Section
accordance with 40 CFR part 58. The limitations and other control measures,
110 and Part D of the CAA
data submitted by Kentucky provides an means, techniques, or provisions for the
adequate demonstration that the The September 4, 1992, Calcagni establishment and operation of
Kentucky Bi-State Louisville Area has Memorandum (‘‘Procedures for appropriate devices necessary to collect
attained the 8-hour ozone NAAQS. Processing Requests to Redesignate data on ambient air quality, and
(2) Kentucky Has a Fully Approved SIP Areas to Attainment,’’ September 4, programs to enforce the limitations.
Under Section 110(k) for the Three 1992) describes EPA’s interpretation of General SIP elements and requirements
Affected Counties and (5) Has Met All section 107(d)(3)(E). Consistent with are delineated in section 110(a)(2) of
Applicable Requirements Under Section this interpretation, to qualify for title I, part A of the CAA. These
110 and Part D of the CAA redesignation, States requesting requirements include, but are not
redesignation to attainment must meet limited to, the following: submittal of a
Below is a summary of how these two only the relevant CAA requirements that SIP that has been adopted by the State
criteria were met. come due prior to the submittal of a after reasonable public notice and
EPA has determined that Kentucky complete redesignation request. See hearing; provisions for establishment
has met all applicable SIP requirements also, Michael Shapiro Memorandum and operation of appropriate procedures
for Bullitt, Jefferson and Oldham (‘‘SIP Requirements for Areas needed to monitor ambient air quality;
Counties under section 110 of the CAA Submitting Requests for Redesignation implementation of a source permit
(general SIP requirements). EPA has also to Attainment of the Ozone and Carbon program; provisions for the
determined that the Kentucky SIP Monoxide NAAQS On or After implementation of part C requirements
satisfies the criterion that it meets November 15, 1992,’’ September 17, (Prevention of Significant Deterioration
applicable SIP requirements under part 1993), and 60 FR 12459, 12465–66 (PSD)) and provisions for the
D of title I of the CAA (requirements (March 7, 1995) (redesignation of implementation of part D requirements
specific to subpart 1 basic 8-hour ozone Detroit-Ann Arbor, Michigan). (New Source Review (NSR) permit
programs); provisions for air pollution EPA believes that section 110 In addition to the fact that no part D
modeling; and provisions for public and elements not linked to the area’s requirements applicable for purposes of
local agency participation in planning nonattainment status are not applicable redesignation became due prior to
and emission control rule development. for purposes of redesignation. Any submission of the redesignation request,
Section 110(a)(2)(D) requires that SIPs section 110 requirements that are linked and therefore are not applicable, EPA
contain certain measures to prevent to the part D requirements for 8-hour believes it is reasonable to interpret the
sources in a State from significantly ozone nonattainment areas are not yet conformity and NSR requirements as
contributing to air quality problems in due, since, as explained below, no part not requiring approval prior to EPA
another State. To implement this D requirements for the 8-hour standard final action approving the redesignation.
provision, EPA has required certain became due prior to submission of the Section 176 Conformity
States to establish programs to address redesignation request. Therefore, as Requirements: Section 176(c) of the
the transport of air pollutants (NOX SIP discussed earlier, for purposes of CAA requires States to establish criteria
Call, Clean Air Interstate Rule (CAIR)). redesignation, they are not considered and procedures to ensure that Federally
EPA has also found, generally, that applicable requirements. Nonetheless, supported or funded projects conform to
States have not submitted SIPs under EPA notes that it has previously the air quality planning goals in the
section 110(a)(1) to meet the interstate approved provisions into the Kentucky applicable SIP. The requirement to
transport requirements of section SIP addressing section 110 elements determine conformity applies to
110(a)(2)(D)(i). However, the section under the 1-hour ozone NAAQS (47 FR transportation plans, programs and
110(a)(2)(D) requirements for a State are 30059, July 12, 1982). EPA believes that projects developed, funded or approved
not linked with a particular the section 110 SIP approved for the 1- under title 23 of the United States Code
nonattainment area’s designation and hour ozone NAAQS is also sufficient to (U.S.C.) and the Federal Transit Act
classification in that State. EPA believes meet the requirements under the 8-hour (‘‘transportation conformity’’) as well as
that the requirements linked with a ozone NAAQS (as well as satisfying the to all other Federally supported or
particular nonattainment area’s issues raised by the D.C. Circuit Court funded projects (‘‘general conformity’’).
designation and classifications are the in the SCAQMD case). State conformity revisions must be
relevant measures to evaluate in Part D requirements. EPA has also consistent with Federal conformity
reviewing a redesignation request. The determined that the Kentucky SIP meets regulations relating to consultation,
transport SIP submittal requirements, applicable SIP requirements under part enforcement and enforceability that the
where applicable, continue to apply to D of the CAA since no requirements
CAA required the EPA to promulgate.
a State regardless of the designation of EPA believes it is reasonable to
became due prior to the submission of
any one particular area in the State. interpret the conformity SIP
the area’s redesignation request. requirements as not applying for
Thus, we do not believe that the CAA’s
Sections 172–176 of the CAA, found in purposes of evaluating the redesignation
interstate transport requirements should
subpart 1 of part D, set forth the basic request under section 107(d) because
be construed to be applicable
nonattainment requirements applicable State conformity rules are still required
requirements for purposes of
to all nonattainment areas. Section 182 after redesignation and Federal
redesignation.
In addition, EPA believes that the of the CAA, found in subpart 2 of part conformity rules apply where State
other section 110 elements not D, establishes additional specific rules have not been approved. See, Wall,
connected with nonattainment plan requirements depending on the area’s 265 F.3d 426 (upholding this
submissions and not linked with an nonattainment classification. Subpart 2 interpretation). See also, 60 FR 62748
area’s attainment status are not is not applicable to the Kentucky Bi- (Dec. 7, 1995, Tampa, Florida).
applicable requirements for purposes of State Louisville Area. EPA has also determined that areas
redesignation. The State will still be Part D, subpart 1 applicable SIP being redesignated need not comply
subject to these requirements after the requirements. For purposes of with the requirement that a NSR
area is redesignated. The section 110 evaluating Kentucky’s redesignation program be approved prior to
and part D requirements, which are request, the applicable part D, subpart 1 redesignation, provided that the area
linked with a particular area’s SIP requirements for all nonattainment demonstrates maintenance of the
designation and classification, are the areas are contained in sections standard without a part D NSR program
relevant measures to evaluate in 172(c)(1)–(9). A thorough discussion of in effect since PSD requirements will
reviewing a redesignation request. This the requirements contained in section apply after redesignation. The rationale
approach is consistent with EPA’s 172 can be found in the General for this view is described in a
existing policy on applicability (i.e., for Preamble for Implementation of Title I Memorandum from Mary Nichols,
redesignations) of conformity and (57 FR 13498). No requirements Assistant Administrator for Air and
oxygenated fuels requirements, as well applicable for purposes of redesignation Radiation, dated October 14, 1994,
as with section 184 ozone transport under part D became due prior to the entitled ‘‘Part D New Source Review
requirements. See, Reading, submission of the redesignation request, (Part D NSR) Requirements for Areas
Pennsylvania, proposed and final and therefore none are applicable to the Requesting Redesignation to
rulemakings (61 FR 53174–53176, area for purposes of redesignation. For Attainment.’’ Kentucky has
October 10, 1996), (62 FR 24826, May 7, example, the requirements for an demonstrated that the area will be able
1997); Cleveland-Akron-Loraine, Ohio, attainment demonstration that meets the to maintain the standard without a part
final rulemaking (61 FR 20458, May 7, requirements of section 172(c)(1) are not D NSR program in effect, and therefore,
1996); and Tampa, Florida, final yet applicable, nor are the requirements Kentucky need not have a fully
rulemaking at (60 FR 62748, December for Reasonably Achievable Control approved part D NSR program prior to
7, 1995). See also, the discussion on this Technology (RACT) and Reasonably approval of the redesignation request.
issue in the Cincinnati, Ohio Available Control Measures (RACM) EPA most recently approved Kentucky’s
redesignation (65 FR 37890, June 19, (section 172(c)(1)), reasonable further NSR program (including a
2000), and in the Pittsburgh, progress (RFP) (section 172(c)(2)), or nonattainment NSR and PSD program)
Pennsylvania redesignation (66 FR contingency measures (section into the Kentucky SIP on July 11, 2006
50399, October 19, 2001). 172(c)(9)). (71 FR 38990). Kentucky’s PSD program
will become effective in the Kentucky to permanent and enforceable large-spark ignition engines,
Bi-State Louisville Area upon final reductions in emissions resulting from locomotives and land-base diesel
redesignation to attainment. See, implementation of the SIP, Federal engines. EPA believes that permanent
rulemakings for Detroit, Michigan (60 measures, and other State-adopted and enforceable emissions reductions,
FR 12467–12468, March 7, 1995); measures. EPA has determined that the in and surrounding the nonattainment
Cleveland-Akron-Lorraine, Ohio (61 FR implementation of the following area, are the cause of long-term
20458, 20469–70, May 7, 1996); permanent and enforceable emissions improvements in ozone levels, and are
Louisville, Kentucky (66 FR 53665, controls, that occurred from 2002–2005, the cause of the Kentucky Bi-State
October 23, 2001); Grand Rapids, have reduced local NOX and VOC Louisville Area achieving attainment of
Michigan (61 FR 31834–31837, June 21, emissions and brought the area into the 8-hour ozone standard.
1996). Thus, the Kentucky Bi-State attainment: (4) The Area Has a Fully Approved
Louisville Area has satisfied all
Maintenance Plan Pursuant to Section
applicable requirements for purposes of 2002–2005 EMISSION REDUCTION 175A of the CAA
redesignation under section 110 and PROGRAMS
part D of the CAA. In its request to redesignate Bullitt,
Highway Mobile Source Reductions Jefferson and Oldham Counties in
b. The Area Has a Fully Approved Kentucky to attainment, KDAQ
Applicable SIP Under Section 110(k) of submitted a SIP revision to provide for
the CAA Federal Motor Vehicle Control Programs
(FMVCP). the maintenance of the 8-hour ozone
EPA has fully approved the applicable Tier 2 Vehicle Emissions and Fuel Stand- NAAQS in the Kentucky Bi-State
Kentucky SIP for Bullitt, Jefferson and ards Louisville Area for at least 10 years after
Oldham Counties in Kentucky under Heavy Duty Engine, Vehicle and Fuel the effective date of redesignation to
section 110(k) of the CAA for all Standards. attainment.
requirements applicable for purposes of Point Source Emissions Reductions. a. What is required in a maintenance
redesignation. EPA may rely on prior
plan?
SIP approvals in approving a Reasonably Available Control Measures
redesignation request, see Calcagni (RACM). Section 175A of the CAA sets forth
Memorandum at p. 3; Southwestern Maximum Available Control Technology the elements of a maintenance plan for
Pennsylvania Growth Alliance v. (MACT). areas seeking redesignation from
Browner, 144 F.3d 984, 989–90 (6th Cir. nonattainment to attainment. Under
1998); Wall, 265 F.3d 426; plus any Area Source Reductions. section 175A, the plan must
additional measures it may approve in demonstrate continued attainment of
conjunction with a redesignation action. Open burning regulations for former 1-hour the applicable NAAQS for at least 10
See, 68 FR 25426 (May 12, 2003), and ozone area. years after the Administrator approves a
citations contained therein. Following redesignation to attainment. Eight years
the passage of the CAA of 1970 by the Additional Reductions after the redesignation, Kentucky must
U.S. Congress, Kentucky adopted and submit a revised maintenance plan
submitted, and EPA has fully approved NOX SIP Call Reductions which demonstrates that attainment will
at various times, provisions addressing continue to be maintained for the 10
the various 1-hour ozone standard SIP Notably, no credit specific emission years following the initial 10-year
elements applicable in the Bullitt, reduction is being claimed in the SIP for period. To address the possibility of
Jefferson and Oldham Counties in the the NOX SIP call reductions although future NAAQS violations, the
Kentucky Bi-State Louisville Area (66 this program has resulted in measurable maintenance plan must contain such
FR 53665, October 23, 2001). emissions reductions. contingency measures, with a schedule
As indicated above, EPA believes that Kentucky has demonstrated that the for implementation as EPA deems
the section 110 elements not connected implementation of permanent and necessary to assure prompt correction of
with nonattainment plan submissions enforceable emissions controls have any future 8-hour ozone violations.
and not linked to the area’s reduced local VOC and NOX emissions. Section 175A of the CAA sets forth the
nonattainment status are not applicable Most of the reductions are attributable elements of a maintenance plan for
requirements for purposes of to Federal programs such as EPA’s Tier areas seeking redesignation from
redesignation. EPA also believes that 2/Low Sulfur Gasoline program and nonattainment to attainment. The
since the part D requirements applicable other national clean fuel programs that Calcagni Memorandum provides
for purposes of redesignation did not began implementation in 2004. additional guidance on the content of a
become due prior to submission of the Additionally, Kentucky has indicated in maintenance plan. The Calcagni
redesignation request, they also are its September 2006 SIP submittal that Memorandum explains that an ozone
therefore not applicable requirements the Kentucky Bi-State Louisville Area maintenance plan should address five
for purposes of redesignation. has benefited from emissions reductions requirements: The attainment emissions
that have been achieved, and will inventory, maintenance demonstration,
(3) The Air Quality Improvement in the continue to be achieved, through the monitoring, verification of continued
Kentucky Bi-State Louisville Area Is Due implementation of the NOX SIP Call, attainment, and a contingency plan. As
to Permanent and Enforceable beginning in 2002. Kentucky has further is discussed more fully below,
Reductions in Emissions Resulting From demonstrated that year-to-year Kentucky’s maintenance plan includes
Implementation of the SIP and meteorological changes and trends are all the necessary components and is
Applicable Federal Air Pollution not the likely source of the overall, long- approvable as part of the redesignation
Control Regulations and Other term improvements in ozone levels. In request.
Permanent and Enforceable Reductions addition, the following non-highway
EPA believes that Kentucky has mobile source reduction programs were b. Attainment Emissions Inventory
demonstrated that the observed air implemented during the 2002–2004 In coordination with Indiana,
quality improvement in the area is due period: small spark-ignition engines, Kentucky selected 2003 as ‘‘the
attainment year’’ for the Kentucky Bi- for the Kentucky Bi-State Louisville projections for 2008, 2011, 2014, 2017,
State Louisville Area for the purposes of Area. This demonstration: and 2020.
demonstrating attainment of the 8-hour (i) Shows compliance with and (iii) Identifies an ‘‘out year’’ at least 10
ozone NAAQS. This attainment maintenance of the 8-hour ozone years after the time necessary for EPA to
inventory identifies the level of standard by assuring that current and review and approve the maintenance
emissions in the area which is necessary future emissions of VOC and NOX will plan. In accordance with 40 CFR part
to attain the 8-hour ozone standard. The 93, regional MVEBs for NOX and VOCs
remain at or below attainment year 2003
2003 VOC and NOX emissions (as well were established for the last year of the
emissions levels. The year 2003 was
as the emissions for other years) for maintenance plan (in addition to 2003).
chosen as the attainment year because it
Bullitt, Jefferson and Oldham Counties (iv) Provides the following actual and
in Kentucky were developed consistent is one of the most recent three years projected emissions inventories for the
with EPA guidance, and are (i.e., 2003, 2004, and 2005) for which Kentucky portion of the bi-State
summarized in the table in the the Kentucky Bi-State Louisville Area Louisville nonattainment area. See,
following subsection. has clean air quality data for the 8-hour Tables 2 and 3. For informational
ozone standard. purposes, a summary of the actual and
c. Maintenance Demonstration
(ii) Uses 2003 as the attainment year projected emissions inventories for the
The September 29, 2006, SIP and includes actual emissions for 2003 entire bi-State area are also provided.
submittal includes a maintenance plan and 2005, and future emission inventory See, Tables 4 and 5.
TABLE 2.—ACTUAL AND PROJECTED VOC EMISSIONS FOR BULLITT, JEFFERSON AND OLDHAM COUNTIES
[Tons per day]
Categories 2003 2005 2008 2011 2014 2017 2020
Point
Bullitt ................................................................................................................ 8.10 8.21 8.39 8.58 8.77 8.95 9.16
Jefferson .......................................................................................................... 23.63 23.62 23.55 23.33 23.15 22.96 22.74
Oldham ............................................................................................................. 0.72 0.73 0.75 0.76 0.78 0.79 0.81
Point Subtotal ........................................................................................... 32.45 32.56 32.69 32.67 32.70 32.70 32.71
Area
Bullitt ................................................................................................................ 3.34 3.43 3.60 3.75 3.92 4.09 4.26
Jefferson .......................................................................................................... 17.33 17.41 17.51 17.59 17.67 17.76 17.85
Oldham ............................................................................................................. 2.46 2.55 2.70 2.82 3.01 3.16 3.32
Area Subtotal ............................................................................................ 23.13 23.39 23.81 24.16 24.60 25.01 25.43
Mobile*
Bullitt ................................................................................................................ 3.74 3.43 2.87 2.52 2.30 2.18 2.05
Jefferson .......................................................................................................... 25.34 23.04 19.22 15.49 12.24 10.52 9.52
Oldham ............................................................................................................. 2.29 2.16 1.79 1.56 1.45 1.40 1.34
Mobile Subtotal ......................................................................................... 31.37 28.63 23.88 19.57 15.99 14.10 12.91
Nonroad
Bullitt ................................................................................................................ 1.77 1.91 1.91 1.82 1.69 1.49 1.36
Jefferson .......................................................................................................... 14.31 13.14 11.50 10.62 10.41 10.45 10.64
Oldham ............................................................................................................. 1.54 1.38 1.18 1.08 1.06 1.06 1.08
Nonroad Total ........................................................................................... 17.62 16.43 14.59 13.52 13.16 13.00 13.08
Total ................................................................................................... 104.57 101.01 94.97 89.92 86.45 84.81 84.13
TABLE 3.—ACTUAL AND PROJECTED NOX EMISSIONS FOR BULLITT, JEFFERSON AND OLDHAM COUNTIES
[Tons per day]
Categories 2003 2005 2008 2011 2014 2017 2020
Point
Bullitt ................................................................................................................ 0.60 0.61 0.64 0.65 0.68 0.71 0.72
Jefferson .......................................................................................................... 74.48 53.95 53.63 50.91 51.76 51.24 46.49
Oldham ............................................................................................................. 0.09 0.09 0.09 0.10 0.10 0.10 0.10
Point Subtotal ........................................................................................... 75.47 54.65 54.36 51.66 52.54 52.05 47.31
Area
Bullitt ................................................................................................................ 0.11 0.11 0.12 0.12 0.13 0.13 0.14

Jefferson .......................................................................................................... 0.75 0.76 0.76 0.76 0.76 0.76 0.76
Oldham ............................................................................................................. 0.07 0.07 0.07 0.08 0.09 0.09 0.09
Area Subtotal ............................................................................................ 0.93 0.94 0.95 0.96 0.98 0.98 0.99
Mobile*
Bullitt ................................................................................................................ 7.52 7.23 5.99 4.83 3.84 3.17 2.73
Jefferson .......................................................................................................... 63.29 54.96 41.55 29.62 19.76 13.87 11.02
TABLE 3.—ACTUAL AND PROJECTED NOX EMISSIONS FOR BULLITT, JEFFERSON AND OLDHAM COUNTIES—Continued
[Tons per day]
Categories 2003 2005 2008 2011 2014 2017 2020
Oldham ............................................................................................................. 4.43 4.36 3.58 2.88 2.34 1.96 1.72
Mobile Subtotal ......................................................................................... 75.24 66.55 51.12 37.33 25.94 19.00 15.47
Nonroad
Bullitt ................................................................................................................ 1.81 1.78 1.70 1.60 1.47 1.35 1.27
Jefferson .......................................................................................................... 31.94 31.11 29.36 27.37 25.26 23.44 22.17
Oldham ............................................................................................................. 1.63 1.59 1.49 1.37 1.22 1.07 0.95
Nonroad Total ........................................................................................... 35.38 34.48 32.55 30.34 27.95 25.86 24.39
Total ................................................................................................... 187.02 156.62 138.98 120.29 107.41 97.89 88.16
TABLE 4.—ATTAINMENT YEAR AND 2020 MVEBs for VOC and NOX. This submittal, to maintain air quality which
END-YEAR VOC EMISSIONS FOR BI- allocation and the remaining available meets the NAAQS for the 8-hour ozone
STATE LOUISVILLE 8-HOUR OZONE safety margin for this bi-State area are standard.
discussed further in section VII of this • All new major VOC or NOX sources
AREA locating in Kentucky shall, as a
rulemaking.
[Tons per day] * minimum, apply control procedures
d. Monitoring Network that are reasonable, available, and
2003 2020
There are currently seven monitors practical;
Kentucky ........... 104.57 measuring ozone in the entire bi-State
84.13
• All major modifications to existing
Indiana .............. 29.26 Louisville 8-hour ozone area—two in
** 27.91 major VOC or NOX sources are subject
Indiana and five in Kentucky. KDAQ to RACT requirements as well as the
Total ........... 133.83 112.04 has committed in the maintenance plan best available control technology
to continue operation of the Kentucky (BACT) requirement of the KDAQ and
Safety Margin ... n/a 21.79 monitors in compliance with 40 CFR Louisville Metro Air Pollution Control
* Emissions inventories, as provided by Ken- part 58, and has addressed the District (LMAPCD) PSD regulations;
tucky, for this table and Table 2 may be slight- requirement for monitoring. Indiana has • All new affected facilities with the
ly different due to rounding conventions. provided a similar commitment for the potential to emit more than 5 tons per
** This total reflects the VOC emissions for year of VOC are required to comply with
Indiana as submitted in the Indiana SIP and is monitors in Clark and Floyd Counties. the Jefferson County Air Pollution
an update to the total of 27.65 as provided in e. Verification of Continued Attainment
the Kentucky submittal. Control Commission Regulation Number
Kentucky has the legal authority to 7 regarding emissions of VOCs;
TABLE 5.—ATTAINMENT YEAR AND enforce and implement the • Continuation of the rule
END-YEAR NOX EMISSIONS FOR BI- requirements of the ozone maintenance effectiveness programs to enhance
plan for the Kentucky Bi-State inspection of stationary sources to
STATE LOUISVILLE 8-HOUR OZONE
Louisville Area. This includes the ensure emission control equipment is
AREA functioning properly and compliance is
authority to adopt, implement and
[Tons per day] * maintained (Jefferson County);
enforce any subsequent emissions
control contingency measures • Stage I vapor recovery in former 1-
2003 2020 hour maintenance portions of Bullitt
determined to be necessary to correct
and Oldham counties;
Kentucky ........... 187.02 88.16 future ozone attainment problems.
• Stage II vapor recovery (Jefferson
Indiana .............. 51.77 ** 38.10 Kentucky will track the progress of
County);
the maintenance plan by performing • Federal Motor Vehicle Control
Total ........... 238.79 126.26 future reviews of actual emissions for
Standards;
the area using the latest emissions • Louisville Metro Air Pollution
Safety Margin ... n/a 112.53
factors, models and methodologies. For Control District (LMAPCD) Amended
* Emissions inventories, as provided by Ken- these periodic inventories Kentucky Board Order with the Kosmos Cement
tucky, for this table and Table 3 may be slight- will review the assumptions made for
ly different due to rounding conventions. Company to comply with an allowed
** This total reflects the NOX emissions for the purpose of the maintenance emission rate for the cement kiln that is
Indiana as submitted in the Indiana SIP and is demonstration concerning projected more stringent than the previous
an update to the total of 38.11 as provided in growth of activity levels. If any of these Kentucky SIP NOX RACT limit;
the Kentucky submittal. assumptions appear to have changed • Reformulated Gasoline Phase II in
A safety margin is the difference substantially, Kentucky will re-project effect in Jefferson County and the former
between the attainment level of emissions. Following the redesignation 1-Hour Maintenance portions of Bullitt
emissions (from all sources) and the of the area, sources are prohibited from and Oldham counties since January 1,
projected level of emissions (from all reducing emission controls already in
2000;
sources) in the maintenance area. The place when attainment is achieved • Transportation conformity
attainment level of emissions is the unless EPA approves a SIP revision requirements;
level of emissions during one of the consistent with section 110 of the CAA. • PSD requirements;
years in which the area met the NAAQS. Kentucky and EPA have instituted the • Federal controls on certain nonroad
Kentucky and Indiana have collectively following programs that will remain engines (e.g. diesel and other Federal
decided to allocate a portion of the enforceable and are included as part of requirements, industrial diesel
available safety margin to the regional Kentucky’s September 2006 SIP equipment, locomotives) after 2000;
• Federal controls on the VOC The triggers of the contingency plan are • Proposal of draft regulations and
content for architectural and (1) If a measured design value of the promulgation of final regulations—3
maintenance paints, auto body shops fourth highest maximum at any monitor months;
and consumer products; within the maintenance area in a single • Issuance of final specifications and
• The Kentucky open burning rule to ozone season is .087 ppm or greater, or procedures—3 months;
further limit types of burning in the (2) if periodic emission inventory • Issuance of final request for
former 1-hour Maintenance portions of updates reveal excessive or proposals (if applicable)—4 months; and
Bullitt and Oldham Counties. unanticipated growth greater than 10 • Licensing or certifications of
In addition to these measures, percent in ozone precursor emissions. If stations and inspectors—17 months.
Kentucky explains in its submittal that either of these two triggers are met, EPA has concluded that the
further reductions will be achieved Kentucky will evaluate existing control maintenance plan adequately addresses
through the continued implementation measures to determine if any further the five basic components of a
of new Federal regulations to further emission reduction measures should be maintenance plan: attainment
control the emissions of hazardous air implemented at that time. If there is a inventory, maintenance demonstration,
pollutants that are VOCs (40 CFR part measured violation of the 8-hour ozone monitoring network, verification of
63—NESHAPS). NAAQS in the Kentucky Bi-State continued attainment, and a
Louisville Area, Kentucky, or as contingency plan. The maintenance
f. Contingency Plan plan SIP revision submitted by
appropriate, LMAPCD, commits to
The contingency plan provisions of Kentucky for Bullitt, Jefferson and
consider for adoption one or more of the
the maintenance plan are designed to Oldham Counties therefore meets the
following measures within nine months.
promptly correct a violation of the requirements of section 175A of the
All regulatory programs adopted will be
NAAQS that occurs after redesignation CAA and is approvable.
implemented within 18 months from a
to attainment. Section 175A of the CAA
measured violation. VII. What Are the Proposed Regional
requires that a maintenance plan
• A program to require additional MVEBs for the Bi-State Louisville 8-
include such contingency measures as
emission reductions on stationary Hour Ozone Area?
EPA deems necessary to assure that a
sources; Under the CAA, States are required to
State will promptly correct a violation
• A program to enhance inspection of submit, at various times, control strategy
of the NAAQS that occurs after
stationary sources to ensure emission SIPs and maintenance plans in ozone
redesignation. The maintenance plan
should identify the contingency control equipment is functioning areas. These control strategy SIPs (e.g.,
measures to be adopted, a schedule and properly; reasonable further progress SIPs and
procedure for adoption and • Fuel programs 2 including attainment demonstration SIPs) and
implementation, and a time limit for incentives for alternative fuels; maintenance plans establish MVEBs for
action by the State. A State should also • Restriction of certain roads or lanes criteria pollutants and/or their
identify specific indicators to be used to to, or construction of such roads or precursors to address pollution from
determine when the contingency lanes for use by, passenger buses or high cars and trucks. Per 40 CFR part 93, an
measures need to be implemented. The occupancy vehicles; MVEB is established for the last year of
maintenance plan must include a • Trip-reduction ordinances; the maintenance plan. A State may
requirement that a State will implement • Employer-based transportation adopt MVEBs for other years as well.
all measures with respect to control of management plans, including Additionally, in coordination with
the pollutant that were contained in the incentives; cooperating States in a multi-State area,
SIP before redesignation of the area to • Programs to limit or restrict vehicle such States may adopt regional MVEBs
attainment in accordance with section use in downtown areas, or other areas that include another State. The MVEB is
175A(d). This requirement is met of emission concentration particularly the portion of the total allowable
because all SIP measures are retained during periods of peak use; emissions in the maintenance
for maintenance. Kentucky’s submittal • Programs for new construction and demonstration that is allocated to
satisfies all the contingency plan major reconstructions of paths or tracks highway and transit vehicle use and
requirements described in section 175A for use by pedestrians or by non- emissions. See, 40 CFR 93.101. The
of the CAA. motorized vehicles when economically MVEB serves as a ceiling on emissions
In its September 29, 2006, SIP feasible and in the public interest; and from an area’s planned transportation
submittal, Kentucky affirms that a • LMAPCD vehicle inspection/ system. The MVEB concept is further
combination of all programs already maintenance (I/M) program. explained in the preamble to the
instituted by Kentucky and EPA have The following milestones are November 24, 1993, transportation
resulted in cleaner air in the Kentucky applicable to all contingency measures conformity rule (58 FR 62188). The
Bi-State Louisville Area and the and are calculated from the date upon preamble also describes how to
anticipated future benefits from these which Kentucky is notified of a establish the MVEB in the SIP and
programs are expected to result in violation of the 8-hour ozone NAAQS: revise the MVEB. In addition to MVEBs
continued maintenance of the 8-hour 2 Generally, states are preempted from adopting
for the last year of the maintenance
ozone NAAQS in this area. Sources are fuel controls pursuant to section 211(c)(4)(A) of the plan, a State may adopt MVEBs for other
prohibited from terminating emissions CAA unless EPA grants a fuel waiver in accordance years as well.
controls following the redesignation of with section 211(c)(4)(C) of the CAA. Specifically, Kentucky and Indiana developed
the Kentucky Bi-State Louisville Area section 211(c)(4)(A) of the CAA states that: ‘‘Except regional MVEBs for NOX and VOCs.
as otherwise provided in [the CAA], no State (or

unless EPA approves a SIP revision political subdivision thereof) may prescribe or
Kentucky used the year 2020, the last
consistent with section 110 of the CAA. attempt to enforce, for purposes of motor vehicle year of its maintenance plan, and an
The contingency plan includes tracking emission control, any control or prohibition additional year, 2003. Kentucky’s
and triggering mechanisms to determine respecting any characteristic or component of a fuel maintenance plan being proposed for
or fuel additive in a motor vehicle or motor vehicle
when contingency measures are needed engine * * * ’’ Thus, any SIP-approved fuel
approval today includes the regional
and a process of developing and program can only be approved if a section MVEBs for NOX and VOCs developed
adopting appropriate control measures. 211(c)(4)(C) waiver is granted. jointly by Kentucky and Indiana. EPA is
now proposing to approve the regional regional MVEBs are derived as follows determining transportation conformity
MVEBs. for VOC: (16.89 tpd for total mobile through EPA’s Adequacy Process. Once
Kentucky’s September 29, 2006, SIP emissions) + (6.03 tpd from available EPA affirmatively finds the submitted
submittal included a maintenance plan safety margin) = 22.92 tpd; and for NOX: MVEB is adequate for transportation
with regional MVEBs for NOX and VOCs (19.62 tpd for total mobile emissions) + conformity purposes, that MVEB can be
for the entire bi-State Louisville 8-hour (9.84 tpd from available safety margin) used by State and Federal agencies in
ozone area for the years 2003 and 2020. = 29.46 tpd. Thus, the remaining safety determining whether proposed
As part of its rulemaking process, margin for the Kentucky Bi-State transportation projects ‘‘conform’’ to the
Kentucky presented the regional MVEBs Louisville Area is 15.76 tpd for VOC SIP as required by section 176(c) of the
(for 2020) for public comment on the and 102.69 tpd for NOX. CAA.
State level, however, the additional Through this rulemaking, EPA is EPA’s substantive criteria for
2003 year was not included in that proposing to approve the 2003 and 2020 determining ‘‘adequacy’’ of an MVEB
public comment process. The 2003 regional MVEBs for NOX and VOCs for are set out in 40 CFR 93.118(e). In
mobile emissions projections (the the bi-State Louisville 8-hour ozone area accordance with the adequacy
partial basis of the 2003 MVEBs) were, because EPA has determined that the evaluation process outlined in 40 CFR
however, included in Kentucky’s June 7, Area maintains the 8-hour ozone 93.118(f)(2), EPA has the option of using
2006, initial SIP submittal that was the standard with emissions at the levels of a proposed rule to notify the public that
subject of public comment. At that time, the budgets. Once the new MVEBs are EPA is reviewing MVEBs for adequacy.
the public had an opportunity to approved or found adequate (whichever Today, EPA is making such a
comment on those projections. In its is done first), they must be used for notification that it is reviewing the
final submittal in September 2006, future transportation conformity regional MVEBs included as part of
Kentucky included the 2003 MVEBs, determinations. As is discussed in Kentucky’s 8-hour ozone maintenance
and addressed the inclusion of the 2003 greater detail below, EPA is also plan, for adequacy. The public has 30
MVEBs in a response to comments on notifying the public of EPA’s review of days in which to comment on the
its June 7, 2006, submittal. MVEBs are the adequacy of the proposed 2003 and adequacy of the regional MVEBs.
mandatory for the last year of most 2020 MVEBs for the Kentucky Bi-State If EPA affirmatively finds the MVEBs
maintenance plans (2020 for this area), Louisville Area pursuant to 40 CFR adequate prior to approval of the
and optional for other years (such as 93.118(f)(2). maintenance plan and redesignation
2003 for this Area). request, the applicable budgets for the
Kentucky’s inclusion of 2003 MVEBs VIII. What Is the Status of EPA’s purposes of conducting transportation
in its final submittal was made to Adequacy Determination for the MVEBs conformity for the required regional
provide consistency between the for the Bi-State Louisville 8-Hour Ozone emissions analysis years that involve
Kentucky and Indiana submittals for the Area? the year 2020 or beyond, will be the
regional MVEBs years provided for this Under section 176(c) of the CAA, new 2020 MVEBs for the bi-State Louisville
entire bi-State area. Indiana included transportation projects, such as the area. For required analysis years prior to
the 2003 MVEBs in its request for construction of new highways, must 2020, the applicable budgets would be
redesignation of the 8-hour ozone ‘‘conform’’ to (i.e., be consistent with) the 2003 MVEBs. The new regional 2003
standard and its maintenance plan SIP the part of the State’s air quality plan and 2020 MVEBs will be available on
revision. The interstate-Louisville that addresses pollution from cars and the effective the date of EPA’s adequacy
transportation and air quality partners trucks. ‘‘Conformity’’ to the SIP means finding, or the date of publication of the
were consulted on the development of that transportation activities will not final rulemaking in which the MVEBs
the MVEBs for 2003 and 2020, and are cause new air quality violations, worsen are approved into the SIP in the Federal
in agreement with the establishment of existing violations, or delay timely Register, whichever is done first.
MVEBs for 2003 and 2020 for the entire attainment of the NAAQS. If a
transportation plan does not ‘‘conform,’’ IX. Proposed Actions on the
bi-State Louisville 8-hour ozone area. In
most new projects that would expand Redesignation Request and the
the present circumstance, EPA believes
the capacity of roadways cannot go Maintenance Plan SIP Revision
that the public had adequate notice and
forward. Regulations at 40 CFR part 93 Including Proposed Approval of the
opportunity to comment on Kentucky’s
set forth EPA policy, criteria, and 2003 and 2020 MVEBs
use of the years 2003 and 2020 for the
regional MVEBs. The regional MVEBs procedures for demonstrating and Today, EPA is proposing to determine
for the entire bi-State Louisville 8-hour assuring conformity of such that the Kentucky Bi-State Louisville
ozone area are defined in the table transportation activities to a SIP. The Area has met the criteria for
below. regional emissions analysis is one, but redesignation from nonattainment to
not the only, requirement for attainment for the 8-hour ozone
TABLE 6.—LOUISVILLE KY-IN 8-HOUR implementing transportation NAAQS. Further, EPA is proposing to
OZONE REGIONAL MOTOR VEHICLE conformity. Transportation conformity approve Kentucky’s redesignation
EMISSIONS BUDGETS is a requirement for nonattainment and request for the Kentucky Bi-State
maintenance areas. Maintenance areas Louisville Area. After evaluating
[Tons per day]
are areas that were previously Kentucky’s SIP submittal requesting
2003 2020
nonattainment for a particular NAAQS redesignation, EPA has determined that
but have since been redesignated to it meets the redesignation criteria set
attainment with a maintenance plan for forth in section 107(d)(3)(E) of the CAA.
VOC .................. 40.97 22.92

NOX .................. 95.51 29.46 that NAAQS. EPA believes that the redesignation
When reviewing submitted ‘‘control request and monitoring data
Kentucky and Indiana have jointly strategy’’ SIPs or maintenance plans demonstrate that the bi-State Louisville
chosen to allocate a portion of the containing MVEBs, EPA can make the area has attained the 8-hour ozone
available safety margin to the 2020 MVEBs available for use for standard.
MVEBs. This allocation is 6.03 tpd for transportation conformity finding these EPA is also proposing to approve the
VOC and 9.84 tpd for NOX. The 2020 MVEBs ‘‘adequate’’ for use in September 29, 2006, SIP revision
containing Kentucky’s 8-hour ozone Federal Government and Indian tribes, 40 CFR Part 81
maintenance plan for the Kentucky Bi- as specified by Executive Order 13175 Environmental protection, Air
State Louisville Area. The maintenance (65 FR 67249, November 9, 2000). This pollution control, National parks,
plan includes regional MVEBs for 2003 action also does not have Federalism Wilderness areas.
and 2020, among other requirements. implications because it does not have
Further, as part of today’s action, EPA Authority: 42 U.S.C. 7401 et seq.
substantial direct effects on the States,
is providing notice that it is reviewing on the relationship between the national Dated: April 18, 2007.
the adequacy of the regional MVEBs in government and the States, or on the J.I. Palmer, Jr.,
accordance with 40 CFR 93.118(f)(2). distribution of power and Regional Administrator, Region 4.
Within 24 months from the effective responsibilities among the various [FR Doc. E7–8114 Filed 4–26–07; 8:45 am]
date of EPA’s adequacy finding for the levels of government, as specified in BILLING CODE 6560–50–P
MVEBs, or the date of publication of the Executive Order 13132 (64 FR 43255,
final rule for this action, whichever is August 10, 1999). This action merely
done first, the transportation partners ENVIRONMENTAL PROTECTION
affects the status of a geographical area,
will need to demonstrate conformity to AGENCY
does not impose any new requirements
these new MVEBs pursuant to 40 CFR
on sources, or allow a State to avoid
93.104(e) as effectively amended by new 40 CFR Part 94
section 172(c)(2)(E) of the CAA as added adopting or implementing other
by the Safe, Accountable, Flexible, requirements and does not alter the [EPA–HQ–OAR–2007–0120; FRL–8306–6]
Efficient Transportation Equity Act—A relationship or the distribution of power
RIN 2060–A026
Legacy for Users (SAFETEA–LU), which and responsibilities established in the
was signed into law on August 10, 2005. CAA. This proposed rule also is not Change in Deadline for Rulemaking To
subject to Executive Order 13045 Address the Control of Emissions
X. Statutory and Executive Order ‘‘Protection of Children from From New Marine Compression-
Reviews Environmental Health Risks and Safety Ignition Engines at or Above 30 Liters
Under Executive Order 12866 (58 FR Risks’’ (62 FR 19885, April 23, 1997), per Cylinder
51735, October 4, 1993), this proposed because it is not economically
action is not a ‘‘significant regulatory significant and because the Agency does AGENCY: Environmental Protection
action’’ and therefore is not subject to not have reason to believe that the rule Agency (EPA).
review by the Office of Management and concerns an environmental health risk ACTION: Proposed Rule.
Budget. For this reason, this action is or safety risk that may
also not subject to Executive Order SUMMARY: A January 2003 final rule
disproportionately affect children.
13211, ‘‘Actions Concerning Regulations established the first U.S. emission
In reviewing SIP submissions, EPA’s standards for new compression-ignition
That Significantly Affect Energy Supply,
role is to approve State choices, Category 3 marine engines, those with a
Distribution, or Use’’ (66 FR 28355, May
provided that they meet the criteria of displacement at or above 30 liters per
22, 2001). This proposed action merely
proposes to approve State law as the CAA. In this context, in the absence cylinder displacement. It also
meeting Federal requirements and of a prior existing requirement for the established a deadline of April 27, 2007
imposes no additional requirements Commonwealth to use voluntary for EPA to promulgate a new tier of
beyond those imposed by State law. consensus standards (VCS), EPA has no emission standards for these engines as
Redesignation of an area to attainment authority to disapprove a SIP determined appropriate under Clean Air
under section 107(d)(3)(e) of the CAA submission for failure to use VCS. It Act (CAA) section 213(a). This
does not impose any new requirements would thus be inconsistent with rulemaking schedule was intended to
on small entities. Redesignation is an applicable law for EPA, when it reviews allow EPA time to consider the state of
action that affects the status of a a SIP submission, to use VCS in place technology that may permit deeper
geographical area and does not impose of a SIP submission that otherwise emission reductions and the status of
any new regulatory requirements on satisfies the provisions of the CAA. international action for more stringent
sources. Accordingly, the Administrator Redesignation is an action that affects standards. Since 2003, we have
certifies that this proposed rule will not the status of a geographical area but continued to gain a greater
have a significant economic impact on does not impose any new requirements understanding of the technical issues
a substantial number of small entities on sources. Thus, the requirements of described in the final rule and to assess
under the Regulatory Flexibility Act (5 section 12(d) of the National the continuing efforts of manufacturers
U.S.C. 601 et seq.). Because this rule Technology Transfer and Advancement to apply advanced emission control
proposes to approve pre-existing Act of 1995 (15 U.S.C. 272 note) do not technologies to these very large engines,
requirements under State law and does apply. This proposed rule does not through ongoing discussions with
not impose any additional enforceable impose an information collection various stakeholders. In addition, we
duty beyond that required by State law, burden under the provisions of the have continued to work with and
it does not contain any unfunded Paperwork Reduction Act of 1995 (44 through the International Maritime
mandate or significantly or uniquely U.S.C. 3501 et seq.). Organization (IMO) toward more
affect small governments, as described stringent international emission
in the Unfunded Mandates Reform Act List of Subjects standards that would apply to all new
of 1995 (Public Law 104–4). marine diesel engines on ships engaged
40 CFR Part 52
This proposed rule also does not have in international transportation. IMO is
tribal implications because it will not Environmental protection, Air an important forum for EPA to gather
have a substantial direct effect on one or pollution control, Intergovernmental new information and data regarding
more Indian tribes, on the relationship relations, Nitrogen dioxide, Ozone, emission control technologies, costs,
between the Federal Government and Reporting and recordkeeping and other information on Category 3
Indian tribes, or on the distribution of requirements, Volatile organic engines and vessels. IMO is also
power and responsibilities between the compounds. important because the majority of ships

Proposed Rule: Air Pollution Control New Motor Vehicles and Engines: Kentucky

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20966 Federal Register / Vol. 72, No.

81 / Friday April 27, 2007 / Proposed Rules

Charleston, IN ................................................................. Clark ................................... 0.090 0.074 0.080 0.081

Categories 2003 2005 2008 2011 2014 2017 2020

Total ................................................................................................... 104.57 101.01 94.97 89.92 86.45 84.81 84.13

Categories 2003 2005 2008 2011 2014 2017 2020

Bullitt ................................................................................................................ 0.11 0.11 0.12 0.12 0.13 0.13 0.14

Categories 2003 2005 2008 2011 2014 2017 2020

Oldham ............................................................................................................. 4.43 4.36 3.58 2.88 2.34 1.96 1.72

Total ................................................................................................... 187.02 156.62 138.98 120.29 107.41 97.89 88.16

as otherwise provided in [the CAA], no State (or

VOC .................. 40.97 22.92

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