Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of the Kentucky Portion of the Cincinnati-Hamilton 1997 8-Hour Ozone Nonattainment Area to Attainment, 47218-47223 [2010-19170]
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
Dated: July 26, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2010–19290 Filed 8–4–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2010–0134–201027; FRL–
9184–9]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky; Redesignation of
the Kentucky Portion of the CincinnatiHamilton 1997 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve a request submitted on January
29, 2010, from the Commonwealth of
Kentucky, through the Kentucky Energy
and Environment Cabinet, Division for
Air Quality (DAQ), to redesignate the
Kentucky portion of the tri-state
Cincinnati-Hamilton 8-hour ozone
nonattainment area (hereafter referred to
as ‘‘the Cincinnati-Hamilton Area’’) to
attainment for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). The Cincinnati-Hamilton
Area is comprised of Boone, Campbell
and Kenton Counties in Kentucky
(hereafter also referred to as ‘‘Northern
Kentucky’’); Butler, Clermont, Clinton,
Hamilton and Warren Counties in Ohio;
and a portion of Dearborn County in
Indiana. EPA’s approval of the
redesignation request is based on the
determination that Northern Kentucky
has met the criteria for redesignation to
attainment set forth in the Clean Air Act
(CAA), including the determination that
the Cincinnati-Hamilton Area has
attained the 1997 8-hour ozone NAAQS.
Additionally, EPA is approving a
revision to the Kentucky State
Implementation Plan (SIP) including the
1997 8-hour ozone maintenance plan for
Northern Kentucky that contains the
new 2015 and 2020 motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) for Northern
Kentucky. This action also approves the
emissions inventory submitted with the
maintenance plan. EPA has previously
approved, in a separate rulemaking,
similar redesignation requests submitted
by the States of Ohio and Indiana for
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SUMMARY:
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their portions of this 1997 8-hour ozone
area.
DATES: Effective Date: This rule will be
effective August 5, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0134. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Jane
Spann may be reached by phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Is the Background for the
Actions?
On January 29, 2010, the
Commonwealth of Kentucky, through
DAQ, submitted a request to redesignate
Northern Kentucky (as a portion of the
Cincinnati-Hamilton Area) to attainment
for the 1997 8-hour ozone NAAQS, and
for EPA approval of the Kentucky SIP
revision containing a maintenance plan
for Northern Kentucky. In an action
published on May 12, 2010 (75 FR
PO 00000
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26685), EPA proposed to approve the
redesignation of Northern Kentucky to
attainment. EPA also proposed approval
as a SIP revision of Kentucky’s plan for
maintaining the 1997 8-hour NAAQS,
including the emissions inventory
submitted pursuant to CAA section
172(c)(3); and the NOX and VOC MVEBs
for Northern Kentucky contained in the
maintenance plan. The background for
these rulemakings is set forth in detail
in EPA’s May 12, 2010 proposal.
The MVEBs included in the
maintenance plan are as follows:
TABLE 1—NORTHERN KENTUCKY VOC
AND NOX MVEBS
[Summer season tons per day (tpd)]
Year
NOX ..................................
VOC ..................................
2015
2020
14.40
9.76
13.27
10.07
In its May 12, 2010, proposed action,
EPA stated that the adequacy public
comment period on these MVEBs (as
contained in Kentucky’s submittal)
began on February 3, 2010, and closed
on March 5, 2010. No comments were
received during this public comment
period, and therefore, EPA deems the
new MVEBs for Northern Kentucky
adequate for the purposes of
transportation conformity. In a separate
action, EPA previously found adequate
and approved the MVEB’s for the Ohio
and Indiana portions of the CincinnatiHamilton Area (75 FR 26118, May 11,
2010).
As we stated in the May 12, 2010,
proposal, this redesignation addresses
Northern Kentucky’s status solely with
respect to the 1997 8-hour ozone
NAAQS, for which designations were
finalized on April 30, 2004 (69 FR
23857). In 2008, EPA issued a revised 8hour ozone NAAQS, which is currently
under reconsideration. Today’s
rulemaking concerns only the 1997 8hour ozone NAAQS, and does not
address or affect the 2008 or any
subsequently revised and promulgated
ozone NAAQS.
In this final rulemaking, EPA is noting
a correction for the site identification
numbers listed in EPA’s May 12, 2010
(75 FR 26685), proposed approval.
Specifically, the air quality monitor site
identification number (ID) listed in
Table 2 (Annual 4th Max High and
Design Value Concentration for 8-Hour
Ozone for the Cincinnati-Hamilton OHKY-IN Area (parts per million)) of EPA’s
May 12, 2010 proposed rulemaking,
column 3 labeled ‘‘Monitor’’ were
incorrect for the Boone and Campbell
County, Kentucky entries. The site
monitor IDs should read: Boone
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County—KY 338 & Lower River Road
21–015–0003 and Campbell County—
47219
Highland Heights 21–037–3002. Please
see below for the corrected table.
TABLE 2—ANNUAL 4TH MAX HIGH AND DESIGN VALUE CONCENTRATION FOR 8-HOUR OZONE FOR THE CINCINNATIHAMILTON OH-KY-IN AREA
[Parts per million]
State*/county
Ohio:
Butler ......................
Clermont .................
Clinton ....................
Hamilton .................
Warren ....................
Kentucky:
Boone .....................
Campbell ................
Kenton ....................
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2008
4th high
(ppm)
2009
4th high
(ppm)
2007–2009
average
(ppm)
Hamilton, 39–017–0004 ......................................
Middletown, 39–017–1004 ..................................
Batavia 39–025–0022 ..........................................
Wilmington, 39–027–1022 ...................................
Grooms Rd., Cincinnati, 39–061–0006 ...............
Cleves, 39–061–0010 ..........................................
250 Wm. Howard Taft, Cincinnati, 39–061–0040
Lebanon, 39–165–0007 .......................................
0.091
0.091
0.086
0.082
0.089
0.086
0.086
0.088
0.071
0.079
0.071
0.076
0.086
0.077
0.080
0.082
0.073
0.076
0.069
0.070
0.072
0.065
0.074
0.077
0.078
0.082
0.075
0.076
0.082
0.076
0.080
0.082
KY 338 & Lower River Road, 21–015–0003 .......
Highland Heights, 21–037–3002 .........................
Covington, 21–117–0007 ....................................
0.078
0.086
0.085
0.064
0.075
0.073
0.064
0.068
0.074
0.068
0.076
0.077
II. What Actions Is EPA Taking?
In today’s rulemaking, EPA is
finalizing several related actions. EPA is
approving: (1) Kentucky’s redesignation
request to change the legal designation
of the Northern Kentucky portion of the
Cincinnati-Hamilton Area from
nonattainment to attainment for the
1997 8-hour ozone NAAQS; (2)
Kentucky’s 1997 8-hour ozone
maintenance plan for Northern
Kentucky, including MVEB’s (such
approval being one of the CAA criteria
for redesignation to attainment status);
and (3) Kentucky’s emissions inventory
which was submitted pursuant to CAA
section 172(c)(3). The maintenance plan
is designed to help keep the CincinnatiHamilton Area in attainment for the
1997 8-hour ozone NAAQS through
2020. EPA’s approval of the
redesignation request is based on EPA’s
determination that Northern Kentucky
meets the criteria for redesignation set
forth in CAA, sections 107(d)(3)(E) and
175A, including EPA’s determination
that the Cincinnati-Hamilton Area has
attained the 1997 8-hour ozone NAAQS.
EPA’s analyses of Kentucky’s
redesignation request, emissions
inventory, and maintenance plan are
described in detail in the May 12, 2010
proposed rule (75 FR 26685).
Consistent with the CAA, the
maintenance plan that EPA is approving
also includes 2015 and 2020 MVEBs for
NOX and VOC for Northern Kentucky.
In this action, EPA is approving these
NOX and VOC MVEBs for the purposes
of transportation conformity. For
regional emission analysis years that
involve the year 2015, and any year
between 2015 and 2020, the new 2015
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(ppm)
Monitor
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MVEBs are the applicable budgets (for
the purpose of conducting
transportation conformity analyses). For
regional emission analysis years that
involve the year 2020 and beyond, the
applicable budgets, for the purpose of
conducting transportation conformity
analyses, are the new 2020 MVEBs.
III. Why Is EPA Taking These Actions?
EPA has determined that the
Cincinnati-Hamilton Area has attained
the 1997 8-hour ozone NAAQS and has
also determined that all other criteria for
the redesignation of Northern Kentucky
(as part of the Cincinnati-Hamilton
Area) from nonattainment to attainment
of the 1997 8-hour ozone NAAQS have
been met. See section 107(d)(3)(E) of the
CAA. EPA is also taking final action to
approve the maintenance plan for
Northern Kentucky as meeting the
requirements of sections 175A and
107(d)(3)(E) of the CAA, and the
emissions inventory as meeting the
requirements of section 172(c)(3) of the
CAA. Furthermore, EPA is approving
the new NOX and VOC MVEBs for the
years 2015 and 2020 as contained in
Kentucky’s maintenance plan for
Northern Kentucky because these
MVEBs are consistent with maintenance
for the Cincinnati-Hamilton Area. In the
May 12, 2010, proposal to redesignate
Northern Kentucky, EPA described the
applicable criteria for redesignation to
attainment and its analysis of how those
criteria have been met. The bases and
rationale for EPA’s findings and actions
are set forth in the proposed
rulemaking, and in the responses to
comments and other discussion in this
final rulemaking.
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IV. What Are the Effects of These
Actions?
Approval of the redesignation request
changes the legal designation of Boone,
Campbell and Kenton Counties in
Kentucky (the Kentucky portion of the
Cincinnati-Hamilton Area) from
nonattainment to attainment for the
1997 8-hour ozone NAAQS. 40 CFR part
81. EPA is also approving as a revision
to the Kentucky SIP, Kentucky’s plan for
maintaining the 1997 8-hour ozone
NAAQS in the Cincinnati-Hamilton
Area through 2020. The maintenance
plan includes contingency measures to
remedy possible future violations of the
1997 8-hour ozone NAAQS, and
establishes NOX and VOC MVEBs for
the years 2015 and 2020 for Northern
Kentucky. Additionally, this action
approves the emissions inventory for
Northern Kentucky pursuant to section
172(c)(3) of the CAA.1
V. Response to Comments
EPA received one set of comments
from the Allegheny County Health
Department on EPA’s proposal. The
comment received addresses minor
arithmetic errors in tabulating totals in
some maintenance plan emissions
inventories. EPA’s response to the
comment is provided below.
Comment: The Commenter, the
Allegheny County Health Department
states: ‘‘In Table 3 of the proposed
approval Federal Register the nonroad
total for 2018 VOC should be 7.43 tons
1 On May 11, 2010, EPA took final action to
approve Ohio’s and Indiana’s redesignation
requests for their respective portions of the
Cincinnati-Hamilton Area, including approval of
the associated emissions inventories, maintenance
plans and MVEB’s (75 FR 26118).
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per day (tpd) not 7.68 tpd and the 2018
VOC total for all sources should be
40.10 tpd when the nonroad total is
corrected.’’
Response: EPA acknowledges the
Commentor’s correction for the total
nonroad VOC and also notes that there
were additional typographical errors in
the proposed rule with regard to some
of the totaled emission categories. See
Table 3 and 4 below for the corrected
VOC and NOX emissions totals. The
corrected numbers are underlined. None
of these corrections changes the
downward trend of total Northern
Kentucky VOC and NOX emissions from
2008 to 2020, and in some cases the
revisions reflect lower emissions totals
than were indicated in EPA’s proposed
rule. With these corrections, as in EPA’s
original proposal, Kentucky’s plan for
Northern Kentucky continues to
demonstrate maintenance for the initial
maintenance period with a total of 3.89
tpd reduction in VOC emissions, and
14.48 tpd reduction in NOX emissions
from the 2008 baseline to the 2020
outyear.
TABLE 3—NORTHERN KENTUCKY VOC EMISSIONS (tpd)
2008
2011
2015
2018
2020
Point
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
2.81
0.28
1.17
2.90
0.29
1.23
3.04
0.30
1.31
3.14
0.31
1.38
3.20
0.31
1.42
Point Total .....................................................................
4.26
4.42
4.65
4.83
4.93
Area
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
8.41
4.34
7.88
8.45
4.28
7.79
8.50
4.20
7.66
8.50
4.20
7.66
8.50
4.20
7.66
Area Total .....................................................................
20.63
20.52
20.36
20.36
20.36
Nonroad
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
5.07
1.51
1.95
4.84
1.41
1.87
4.55
1.29
1.76
4.44
1.25
1.74
4.36
1.22
1.73
Nonroad Total ...............................................................
8.53
8.12
7.60
7.43
7.31
Mobile*
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
4.00
2.29
3.85
3.63
2.04
3.39
3.17
1.74
2.85
3.04
1.62
2.67
2.96
1.55
2.56
Mobile Total ..................................................................
10.14
9.06
7.76
7.33
7.07
Northern Kentucky Total ....................................
43.56
42.12
40.37
39.95
39.67
* Calculated using MOBILE6.2.
TABLE 4—NORTHERN KENTUCKY NOX EMISSIONS (tpd)
2008
2011
2015
2018
2020
Point
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
23.27
0.02
0.03
24.04
0.02
0.03
25.08
0.02
0.03
25.91
0.03
0.03
26.47
0.03
0.03
Point Total .....................................................................
23.32
24.09
25.13
25.97
26.53
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Area
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
5.02
1.32
4.06
5.02
1.31
4.04
5.03
1.30
4.02
5.03
1.30
4.02
5.03
1.30
4.02
Area Total .....................................................................
10.40
10.37
10.35
10.35
10.35
10.47
5.00
9.77
4.57
9.60
4.43
9.48
4.34
Nonroad
Boone ...................................................................................
Campbell ..............................................................................
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TABLE 4—NORTHERN KENTUCKY NOX EMISSIONS (tpd)—Continued
2008
2011
2015
2018
2020
Kenton ..................................................................................
7.33
6.81
6.15
5.91
5.75
Nonroad Total ...............................................................
23.69
22.28
20.49
19.94
19.57
Mobile*
Boone ...................................................................................
Campbell ..............................................................................
Kenton ..................................................................................
8.53
4.88
8.37
6.64
3.74
6.33
4.63
2.54
4.23
3.90
2.09
3.47
3.45
1.81
3.01
Mobile Total ..................................................................
21.78
16.71
11.40
9.46
8.27
Northern Kentucky Total ........................................
79.19
73.45
67.37
65.72
64.72
* Calculated using MOBILE6.2.
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EPA has determined that the
Commonwealth’s redesignation request
meets all of the CAA redesignation
criteria for the 1997 8-hour ozone
NAAQS. EPA’s May 12, 2010, proposed
rulemaking, as supplemented by today’s
notice, specifically addresses each of the
criteria and provides detailed analysis
of how they are met.
VI. Final Action
After evaluating Kentucky’s
redesignation request and comments
received, EPA is taking final action to
approve the redesignation and change
the legal designation of Boone,
Campbell and Kenton Counties in
Kentucky (as part of the CincinnatiHamilton Area) from nonattainment to
attainment for the 1997 8-hour ozone
NAAQS. EPA has already taken final
action to approve the redesignation
requests, emission inventories and
maintenance plans for the Ohio and
Indiana portions of this Area in a
separate but coordinated action. See 75
FR 26118. Through this action, EPA is
also approving into the Kentucky SIP,
the 1997 8-hour ozone maintenance
plan for Northern Kentucky, which
includes the new NOx MVEBs of 14.40
tpd for 2015, and 13.27 tpd for 2020;
and new VOC MVEBs of 9.76 tpd for
2015, and 10.07 tpd for 2020.
Additionally, EPA is approving the
emissions inventory for Northern
Kentucky pursuant to section 172(c)(3)
of the CAA. Finally, EPA is finding the
new Northern Kentucky MVEBs are
adequate for the purposes of
transportation conformity. Within 24
months from the effective date of EPA’s
adequacy finding for the MVEBs, the
transportation partners will need to
demonstrate conformity to the new NOx
and VOC MVEBs pursuant to 40 CFR
93.104(e).
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for this
action to become effective immediately
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upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which after publication it
provides that rulemaking actions may
become effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’ The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. Today’s rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, today’s rule relieves the
Commonwealth of various requirements
for the Northern Kentucky Area. For
these reasons, EPA finds good cause
under 5 U.S.C. 553(d)(3) for this action
to become effective on the date of
publication of this action.
VII. Statutory and Executive Order
Reviews
Under the CAA, 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
PO 00000
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those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule 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
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 4, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects
Dated: July 26, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Accordingly, 40 CFR parts 52 and 81
are amended as follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding a new entry at the end of the
table for ‘‘Northern Kentucky 8-Hour
Ozone Maintenance Plan’’ to read as
follows:
■
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Intergovernmental relations, and
Volatile organic compounds.
§ 52.920
*
40 CFR Part 81
Environmental protection and Air
pollution control.
Identification of plan.
*
*
(e) * * *
*
*
EPA–APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
*
Northern Kentucky 8-Hour
Ozone Maintenance plan.
State submittal
date/effective
date
Applicable geographic or
nonattainment area
*
*
Boone, Campbell and Kenton
Counties in Kentucky.
EPA approval date
*
1/29/2010
*
8/5/2010 [Insert citation of
publication].
Authority: 42 U.S.C. 7401 et seq.
PART 81—[AMENDED]
4. In § 81.318, the table entitled
‘‘Kentucky-Ozone (8-Hour Standard)’’ is
amended under ‘‘Cincinnati-Hamilton,
OH-KY-IN’’ by revising the entries for
■
3. The authority citation for part 81
continues to read as follows:
■
Explanations
*
*
For the 1997 8-hour ozone
NAAQS.
‘‘Boone County,’’ ‘‘Campbell County,’’
and ‘‘Kenton County’’ to read as follows:
§ 81.318
*
*
Kentucky.
*
*
*
KENTUCKY-OZONE
[8-Hour Standard]
Designation a
Category/classification
Designated
Date 1
Cincinnati-Hamilton,
OH-KY-IN:
Boone County ......
Campbell County
Kenton County .....
*
This action is effective 08/05/10 .....................
This action is effective 08/05/10 .....................
This action is effective 08/05/10 .....................
*
Date 1
Type
*
Attainment
Attainment
Attainment
*
*
*
a Includes
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Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2010–19170 Filed 8–4–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R06–2009–0570; FRL–9172–6]
Louisiana: Final Authorization of StateInitiated Changes and Incorporation by
Reference of Approved State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
During a review of
Louisiana’s regulations, the EPA
identified a variety of State-initiated
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). We have
determined that these changes are minor
and satisfy all requirements needed to
qualify for Final authorization and are
authorizing the State-initiated changes
through this direct Final action. In
addition, this document corrects
technical errors made in various Federal
Register authorization documents for
Louisiana.
The Solid Waste Disposal Act, as
amended, commonly referred to as the
Resource Conservation and Recovery
Act (RCRA), allows the Environmental
Protection Agency (EPA) to authorize
States to operate their hazardous waste
management programs in lieu of the
Federal program. The EPA uses the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of Louisiana’s hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s statutes and regulations.
DATES: This regulation is effective
October 4, 2010, unless the EPA
receives adverse written comment on
this regulation by the close of business
September 7, 2010. If the EPA receives
such comments, it will publish a timely
withdrawal of this direct final rule in
the Federal Register informing the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
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as of October 4, 2010 in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: patterson.alima@epa.gov or
banks.julia@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator, or
Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Direct your comments to
Docket ID No. EPA–R06–RCRA–2009–
0570. EPA’s policy is that all comments
received will be included in the public
docket without change, including
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 https://
www.regulations.gov, or e-mail. The
Federal https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an e-mail
comment directly to the EPA without
going through https://
www.regulations.gov, your e-mail
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, the 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 the EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, the EPA
may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. (For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at
PO 00000
Frm 00053
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https://www.spa.gov/epahome/
dockets.htm).
You can view and copy the
documents that form the basis for this
codification and associated publicly
available materials from 8:30 a.m. to
4 p.m. Monday through Friday at the
following location: EPA Region 6, 1445
Ross Avenue, Dallas, Texas, 75202–
2733, phone number (214) 665–8533 or
(214) 665–8178. Interested persons
wanting to examine these documents
should make an appointment with the
office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, or Julia
Banks, Codification Coordinator, State/
Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, (214) 665–8533 or (214) 665–
8178, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, and e-mail
address patterson.alima@epa.gov or
banks.julia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated
Changes
A. Why are revisions to State programs
necessary?
States which have received Final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
hazardous waste program. As the
Federal program changes, the States
must change their programs and ask the
EPA to authorize the changes. Changes
to State hazardous waste programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273 and 279.
States can also initiate their own
changes to their hazardous waste
program and these changes must then be
authorized.
B. What decisions have we made in this
rule?
We conclude that Louisiana’s
revisions to its authorized program meet
all of the statutory and regulatory
requirements established by RCRA. We
found that the State-initiated changes
make Louisiana’s rules more clear or
conform more closely to the Federal
equivalents and are so minor in nature
that a formal application is unnecessary.
Therefore, we grant Louisiana final
authorization to operate its hazardous
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]]>Agencies
[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47218-47223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19170]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2010-0134-201027; FRL-9184-9]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of
the Kentucky Portion of the Cincinnati-Hamilton 1997 8-Hour Ozone
Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve a request submitted on
January 29, 2010, from the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), to redesignate the Kentucky portion of the tri-state Cincinnati-
Hamilton 8-hour ozone nonattainment area (hereafter referred to as
``the Cincinnati-Hamilton Area'') to attainment for the 1997 8-hour
ozone national ambient air quality standards (NAAQS). The Cincinnati-
Hamilton Area is comprised of Boone, Campbell and Kenton Counties in
Kentucky (hereafter also referred to as ``Northern Kentucky''); Butler,
Clermont, Clinton, Hamilton and Warren Counties in Ohio; and a portion
of Dearborn County in Indiana. EPA's approval of the redesignation
request is based on the determination that Northern Kentucky has met
the criteria for redesignation to attainment set forth in the Clean Air
Act (CAA), including the determination that the Cincinnati-Hamilton
Area has attained the 1997 8-hour ozone NAAQS. Additionally, EPA is
approving a revision to the Kentucky State Implementation Plan (SIP)
including the 1997 8-hour ozone maintenance plan for Northern Kentucky
that contains the new 2015 and 2020 motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) for Northern Kentucky. This action also approves the
emissions inventory submitted with the maintenance plan. EPA has
previously approved, in a separate rulemaking, similar redesignation
requests submitted by the States of Ohio and Indiana for their portions
of this 1997 8-hour ozone area.
DATES: Effective Date: This rule will be effective August 5, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2010-0134. All documents in the docket
are listed on the https://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Jane Spann may be reached by
phone at (404) 562-9029 or via electronic mail at spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Response to Comments
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What Is the Background for the Actions?
On January 29, 2010, the Commonwealth of Kentucky, through DAQ,
submitted a request to redesignate Northern Kentucky (as a portion of
the Cincinnati-Hamilton Area) to attainment for the 1997 8-hour ozone
NAAQS, and for EPA approval of the Kentucky SIP revision containing a
maintenance plan for Northern Kentucky. In an action published on May
12, 2010 (75 FR 26685), EPA proposed to approve the redesignation of
Northern Kentucky to attainment. EPA also proposed approval as a SIP
revision of Kentucky's plan for maintaining the 1997 8-hour NAAQS,
including the emissions inventory submitted pursuant to CAA section
172(c)(3); and the NOX and VOC MVEBs for Northern Kentucky contained in
the maintenance plan. The background for these rulemakings is set forth
in detail in EPA's May 12, 2010 proposal.
The MVEBs included in the maintenance plan are as follows:
Table 1--Northern Kentucky VOC and NOX MVEBs
[Summer season tons per day (tpd)]
------------------------------------------------------------------------
Year 2015 2020
------------------------------------------------------------------------
NOX................................................... 14.40 13.27
VOC................................................... 9.76 10.07
------------------------------------------------------------------------
In its May 12, 2010, proposed action, EPA stated that the adequacy
public comment period on these MVEBs (as contained in Kentucky's
submittal) began on February 3, 2010, and closed on March 5, 2010. No
comments were received during this public comment period, and
therefore, EPA deems the new MVEBs for Northern Kentucky adequate for
the purposes of transportation conformity. In a separate action, EPA
previously found adequate and approved the MVEB's for the Ohio and
Indiana portions of the Cincinnati-Hamilton Area (75 FR 26118, May 11,
2010).
As we stated in the May 12, 2010, proposal, this redesignation
addresses Northern Kentucky's status solely with respect to the 1997 8-
hour ozone NAAQS, for which designations were finalized on April 30,
2004 (69 FR 23857). In 2008, EPA issued a revised 8-hour ozone NAAQS,
which is currently under reconsideration. Today's rulemaking concerns
only the 1997 8-hour ozone NAAQS, and does not address or affect the
2008 or any subsequently revised and promulgated ozone NAAQS.
In this final rulemaking, EPA is noting a correction for the site
identification numbers listed in EPA's May 12, 2010 (75 FR 26685),
proposed approval. Specifically, the air quality monitor site
identification number (ID) listed in Table 2 (Annual 4th Max High and
Design Value Concentration for 8-Hour Ozone for the Cincinnati-Hamilton
OH-KY-IN Area (parts per million)) of EPA's May 12, 2010 proposed
rulemaking, column 3 labeled ``Monitor'' were incorrect for the Boone
and Campbell County, Kentucky entries. The site monitor IDs should
read: Boone
[[Page 47219]]
County--KY 338 & Lower River Road 21-015-0003 and Campbell County--
Highland Heights 21-037-3002. Please see below for the corrected table.
Table 2--Annual 4th Max High and Design Value Concentration for 8-Hour Ozone for the Cincinnati-Hamilton OH-KY-IN Area
[Parts per million]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007 4th high 2008 4th high 2009 4th high 2007-2009
State*/county Monitor (ppm) (ppm) (ppm) average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ohio:
Butler..................................... Hamilton, 39-017-0004.................. 0.091 0.071 0.073 0.078
Middletown, 39-017-1004................ 0.091 0.079 0.076 0.082
Clermont................................... Batavia 39-025-0022.................... 0.086 0.071 0.069 0.075
Clinton.................................... Wilmington, 39-027-1022................ 0.082 0.076 0.070 0.076
Hamilton................................... Grooms Rd., Cincinnati, 39-061-0006.... 0.089 0.086 0.072 0.082
Cleves, 39-061-0010.................... 0.086 0.077 0.065 0.076
250 Wm. Howard Taft, Cincinnati, 39-061- 0.086 0.080 0.074 0.080
0040.
Warren..................................... Lebanon, 39-165-0007................... 0.088 0.082 0.077 0.082
Kentucky:
Boone...................................... KY 338 & Lower River Road, 21-015-0003. 0.078 0.064 0.064 0.068
Campbell................................... Highland Heights, 21-037-3002.......... 0.086 0.075 0.068 0.076
Kenton..................................... Covington, 21-117-0007................. 0.085 0.073 0.074 0.077
--------------------------------------------------------------------------------------------------------------------------------------------------------
II. What Actions Is EPA Taking?
In today's rulemaking, EPA is finalizing several related actions.
EPA is approving: (1) Kentucky's redesignation request to change the
legal designation of the Northern Kentucky portion of the Cincinnati-
Hamilton Area from nonattainment to attainment for the 1997 8-hour
ozone NAAQS; (2) Kentucky's 1997 8-hour ozone maintenance plan for
Northern Kentucky, including MVEB's (such approval being one of the CAA
criteria for redesignation to attainment status); and (3) Kentucky's
emissions inventory which was submitted pursuant to CAA section
172(c)(3). The maintenance plan is designed to help keep the
Cincinnati-Hamilton Area in attainment for the 1997 8-hour ozone NAAQS
through 2020. EPA's approval of the redesignation request is based on
EPA's determination that Northern Kentucky meets the criteria for
redesignation set forth in CAA, sections 107(d)(3)(E) and 175A,
including EPA's determination that the Cincinnati-Hamilton Area has
attained the 1997 8-hour ozone NAAQS. EPA's analyses of Kentucky's
redesignation request, emissions inventory, and maintenance plan are
described in detail in the May 12, 2010 proposed rule (75 FR 26685).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes 2015 and 2020 MVEBs for NOX and VOC for
Northern Kentucky. In this action, EPA is approving these
NOX and VOC MVEBs for the purposes of transportation
conformity. For regional emission analysis years that involve the year
2015, and any year between 2015 and 2020, the new 2015 MVEBs are the
applicable budgets (for the purpose of conducting transportation
conformity analyses). For regional emission analysis years that involve
the year 2020 and beyond, the applicable budgets, for the purpose of
conducting transportation conformity analyses, are the new 2020 MVEBs.
III. Why Is EPA Taking These Actions?
EPA has determined that the Cincinnati-Hamilton Area has attained
the 1997 8-hour ozone NAAQS and has also determined that all other
criteria for the redesignation of Northern Kentucky (as part of the
Cincinnati-Hamilton Area) from nonattainment to attainment of the 1997
8-hour ozone NAAQS have been met. See section 107(d)(3)(E) of the CAA.
EPA is also taking final action to approve the maintenance plan for
Northern Kentucky as meeting the requirements of sections 175A and
107(d)(3)(E) of the CAA, and the emissions inventory as meeting the
requirements of section 172(c)(3) of the CAA. Furthermore, EPA is
approving the new NOX and VOC MVEBs for the years 2015 and
2020 as contained in Kentucky's maintenance plan for Northern Kentucky
because these MVEBs are consistent with maintenance for the Cincinnati-
Hamilton Area. In the May 12, 2010, proposal to redesignate Northern
Kentucky, EPA described the applicable criteria for redesignation to
attainment and its analysis of how those criteria have been met. The
bases and rationale for EPA's findings and actions are set forth in the
proposed rulemaking, and in the responses to comments and other
discussion in this final rulemaking.
IV. What Are the Effects of These Actions?
Approval of the redesignation request changes the legal designation
of Boone, Campbell and Kenton Counties in Kentucky (the Kentucky
portion of the Cincinnati-Hamilton Area) from nonattainment to
attainment for the 1997 8-hour ozone NAAQS. 40 CFR part 81. EPA is also
approving as a revision to the Kentucky SIP, Kentucky's plan for
maintaining the 1997 8-hour ozone NAAQS in the Cincinnati-Hamilton Area
through 2020. The maintenance plan includes contingency measures to
remedy possible future violations of the 1997 8-hour ozone NAAQS, and
establishes NOX and VOC MVEBs for the years 2015 and 2020
for Northern Kentucky. Additionally, this action approves the emissions
inventory for Northern Kentucky pursuant to section 172(c)(3) of the
CAA.\1\
---------------------------------------------------------------------------
\1\ On May 11, 2010, EPA took final action to approve Ohio's and
Indiana's redesignation requests for their respective portions of
the Cincinnati-Hamilton Area, including approval of the associated
emissions inventories, maintenance plans and MVEB's (75 FR 26118).
---------------------------------------------------------------------------
V. Response to Comments
EPA received one set of comments from the Allegheny County Health
Department on EPA's proposal. The comment received addresses minor
arithmetic errors in tabulating totals in some maintenance plan
emissions inventories. EPA's response to the comment is provided below.
Comment: The Commenter, the Allegheny County Health Department
states: ``In Table 3 of the proposed approval Federal Register the
nonroad total for 2018 VOC should be 7.43 tons
[[Page 47220]]
per day (tpd) not 7.68 tpd and the 2018 VOC total for all sources
should be 40.10 tpd when the nonroad total is corrected.''
Response: EPA acknowledges the Commentor's correction for the total
nonroad VOC and also notes that there were additional typographical
errors in the proposed rule with regard to some of the totaled emission
categories. See Table 3 and 4 below for the corrected VOC and
NOX emissions totals. The corrected numbers are underlined.
None of these corrections changes the downward trend of total Northern
Kentucky VOC and NOX emissions from 2008 to 2020, and in
some cases the revisions reflect lower emissions totals than were
indicated in EPA's proposed rule. With these corrections, as in EPA's
original proposal, Kentucky's plan for Northern Kentucky continues to
demonstrate maintenance for the initial maintenance period with a total
of 3.89 tpd reduction in VOC emissions, and 14.48 tpd reduction in
NOX emissions from the 2008 baseline to the 2020 outyear.
Table 3--Northern Kentucky VOC Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
2008 2011 2015 2018 2020
----------------------------------------------------------------------------------------------------------------
Point
----------------------------------------------------------------------------------------------------------------
Boone........................... 2.81 2.90 3.04 3.14 3.20
Campbell........................ 0.28 0.29 0.30 0.31 0.31
Kenton.......................... 1.17 1.23 1.31 1.38 1.42
-------------------------------------------------------------------------------
Point Total................ 4.26 4.42 4.65 4.83 4.93
----------------------------------------------------------------------------------------------------------------
Area
----------------------------------------------------------------------------------------------------------------
Boone........................... 8.41 8.45 8.50 8.50 8.50
Campbell........................ 4.34 4.28 4.20 4.20 4.20
Kenton.......................... 7.88 7.79 7.66 7.66 7.66
-------------------------------------------------------------------------------
Area Total.................. 20.63 20.52 20.36 20.36 20.36
----------------------------------------------------------------------------------------------------------------
Nonroad
----------------------------------------------------------------------------------------------------------------
Boone........................... 5.07 4.84 4.55 4.44 4.36
Campbell........................ 1.51 1.41 1.29 1.25 1.22
Kenton.......................... 1.95 1.87 1.76 1.74 1.73
-------------------------------------------------------------------------------
Nonroad Total............... 8.53 8.12 7.60 7.43 7.31
----------------------------------------------------------------------------------------------------------------
Mobile*
----------------------------------------------------------------------------------------------------------------
Boone........................... 4.00 3.63 3.17 3.04 2.96
Campbell........................ 2.29 2.04 1.74 1.62 1.55
Kenton.......................... 3.85 3.39 2.85 2.67 2.56
-------------------------------------------------------------------------------
Mobile Total................ 10.14 9.06 7.76 7.33 7.07
===============================================================================
Northern Kentucky 43.56 42.12 40.37 39.95 39.67
Total................
----------------------------------------------------------------------------------------------------------------
* Calculated using MOBILE6.2.
Table 4--Northern Kentucky NOX Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
2008 2011 2015 2018 2020
----------------------------------------------------------------------------------------------------------------
Point
----------------------------------------------------------------------------------------------------------------
Boone........................... 23.27 24.04 25.08 25.91 26.47
Campbell........................ 0.02 0.02 0.02 0.03 0.03
Kenton.......................... 0.03 0.03 0.03 0.03 0.03
-------------------------------------------------------------------------------
Point Total................. 23.32 24.09 25.13 25.97 26.53
----------------------------------------------------------------------------------------------------------------
Area
----------------------------------------------------------------------------------------------------------------
Boone........................... 5.02 5.02 5.03 5.03 5.03
Campbell........................ 1.32 1.31 1.30 1.30 1.30
Kenton.......................... 4.06 4.04 4.02 4.02 4.02
-------------------------------------------------------------------------------
Area Total.................. 10.40 10.37 10.35 10.35 10.35
----------------------------------------------------------------------------------------------------------------
Nonroad
----------------------------------------------------------------------------------------------------------------
Boone........................... 11.02 10.47 9.77 9.60 9.48
Campbell........................ 5.34 5.00 4.57 4.43 4.34
[[Page 47221]]
Kenton.......................... 7.33 6.81 6.15 5.91 5.75
-------------------------------------------------------------------------------
Nonroad Total............... 23.69 22.28 20.49 19.94 19.57
----------------------------------------------------------------------------------------------------------------
Mobile*
----------------------------------------------------------------------------------------------------------------
Boone........................... 8.53 6.64 4.63 3.90 3.45
Campbell........................ 4.88 3.74 2.54 2.09 1.81
Kenton.......................... 8.37 6.33 4.23 3.47 3.01
-------------------------------------------------------------------------------
Mobile Total................ 21.78 16.71 11.40 9.46 8.27
===============================================================================
Northern Kentucky Total. 79.19 73.45 67.37 65.72 64.72
----------------------------------------------------------------------------------------------------------------
* Calculated using MOBILE6.2.
EPA has determined that the Commonwealth's redesignation request
meets all of the CAA redesignation criteria for the 1997 8-hour ozone
NAAQS. EPA's May 12, 2010, proposed rulemaking, as supplemented by
today's notice, specifically addresses each of the criteria and
provides detailed analysis of how they are met.
VI. Final Action
After evaluating Kentucky's redesignation request and comments
received, EPA is taking final action to approve the redesignation and
change the legal designation of Boone, Campbell and Kenton Counties in
Kentucky (as part of the Cincinnati-Hamilton Area) from nonattainment
to attainment for the 1997 8-hour ozone NAAQS. EPA has already taken
final action to approve the redesignation requests, emission
inventories and maintenance plans for the Ohio and Indiana portions of
this Area in a separate but coordinated action. See 75 FR 26118.
Through this action, EPA is also approving into the Kentucky SIP, the
1997 8-hour ozone maintenance plan for Northern Kentucky, which
includes the new NOx MVEBs of 14.40 tpd for 2015, and 13.27 tpd for
2020; and new VOC MVEBs of 9.76 tpd for 2015, and 10.07 tpd for 2020.
Additionally, EPA is approving the emissions inventory for Northern
Kentucky pursuant to section 172(c)(3) of the CAA. Finally, EPA is
finding the new Northern Kentucky MVEBs are adequate for the purposes
of transportation conformity. Within 24 months from the effective date
of EPA's adequacy finding for the MVEBs, the transportation partners
will need to demonstrate conformity to the new NOx and VOC MVEBs
pursuant to 40 CFR 93.104(e).
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
after publication it provides that rulemaking actions may become
effective less than 30 days after publication if the rule ``grants or
recognizes an exemption or relieves a restriction,'' and section
553(d)(3), which allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. Today's rule, however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, today's rule relieves the
Commonwealth of various requirements for the Northern Kentucky Area.
For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for
this action to become effective on the date of publication of this
action.
VII. Statutory and Executive Order Reviews
Under the CAA, 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, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule 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
[[Page 47222]]
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 4, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Intergovernmental relations, and
Volatile organic compounds.
40 CFR Part 81
Environmental protection and Air pollution control.
Dated: July 26, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Accordingly, 40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920(e) is amended by adding a new entry at the end of the
table for ``Northern Kentucky 8-Hour Ozone Maintenance Plan'' to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Northern Kentucky 8-Hour Ozone Boone, Campbell and 1/29/2010 8/5/2010 [Insert For the 1997 8-hour
Maintenance plan. Kenton Counties in citation of ozone NAAQS.
Kentucky. publication].
----------------------------------------------------------------------------------------------------------------
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.318, the table entitled ``Kentucky-Ozone (8-Hour
Standard)'' is amended under ``Cincinnati-Hamilton, OH-KY-IN'' by
revising the entries for ``Boone County,'' ``Campbell County,'' and
``Kenton County'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky-Ozone
[8-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation \a\ Category/classification
Designated -----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cincinnati-Hamilton, OH-KY-IN:
Boone County................ This action is effective Attainment ............................. .............................
08/05/10.
Campbell County............. This action is effective Attainment ............................. .............................
08/05/10.
Kenton County............... This action is effective Attainment ............................. .............................
08/05/10.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 47223]]
* * * * *
[FR Doc. 2010-19170 Filed 8-4-10; 8:45 am]
BILLING CODE 6560-50-P
