Air Plan Approval and Designation of Areas; KY; Redesignation of the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone Nonattainment Area to Attainment, 30976-30979 [2017-13994]
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations
alternate earnings appeals in light of the
Court Order in American Association of
Cosmetology Schools v. DeVos, Civil
Action No. 17–0263, D.D.C. June 28,
2017 (Court Order). We will issue a
Federal Register notice to specifically
implement the Court Order, including
establishing new deadlines, and
anticipate doing so within 30 days from
the publication date of this notice. We
do not change the July 1, 2017, deadline
for the requirement to provide a
completed disclosure template, or a link
thereto, on GE program Web pages.
DATES: The Department is allowing
additional time—until July 1, 2018—for
institutions to comply with 34 CFR
668.412(d) and (e). We must receive
your comments on or before August 4,
2017.
ADDRESSES: Submit your comments
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your comments, address them to Scott
Filter, U.S. Department of Education,
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Washington, DC 20202.
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FOR FURTHER INFORMATION CONTACT:
Scott Filter, U.S. Department of
Education, 400 Maryland Ave., SW.,
Room 6W253, Washington, DC 20202.
Telephone: (202) 453–7249 or by email
at: Scott.Filter@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
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Service (FRS), toll free, at 1–800–877–
8339.
On
January 6 and January 19, 2017, the
Department announced dates by which
institutions subject to the Department’s
GE regulations must comply with
certain provisions of the GE regulations
relating to the submission of alternate
earnings appeals and disclosure
requirements. On March 6, 2017, the
Department announced that it was
allowing additional time, until July 1,
2017, to comply with those provisions.
On June 16, 2017, the Department
announced its intention to negotiate
issues related to gainful employment.
Consistent with the Department’s
March 6, 2017 announcement, by July 1,
2017, institutions must comply with the
requirement in 34 CFR 668.412(c) to
provide a completed disclosure
template, or a link thereto, on its GE
program Web pages. The revised
template is available for use at https://
www2.ed.gov/policy/highered/reg/
hearulemaking/2009/negregsummerfall.html. The Department
believes that it should evaluate the
utility of these disclosures to students
and the implementation of this
requirement prior to requiring
institutions to include the disclosure
template, or a link thereto, in their GE
program promotional materials and to
directly distribute the disclosure
template to prospective students under
34 CFR 668.412(d) and (e). Moreover,
the Department expects to further
review these requirements as part of its
review of the GE regulations and their
implementation, including through
negotiated rulemaking. Accordingly, the
Department is allowing institutions
additional time—until July 1, 2018—to
comply with the provisions in 34 CFR
668.412(d) and (e).
The Department also extends the
deadline for all programs to file
alternate earnings appeals in light of the
Court Order. We will issue a Federal
Register notice to specifically
implement the Court Order, including
establishing new deadlines, and
anticipate doing so within 30 days from
the publication date of this notice.
We are inviting your comments on
this action. We will consider these
comments in determining whether to
take any future action in connection
with the implementation of the
disclosure requirements.
Accessible Format: Individuals with
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SUPPLEMENTARY INFORMATION:
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listed under FOR FURTHER INFORMATION
CONTACT.
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Dated: June 30, 2017.
Betsy DeVos,
Secretary of Education.
[FR Doc. 2017–14186 Filed 6–30–17; 4:15 pm]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2016–0601; FRL–9964–41–
Region 4]
Air Plan Approval and Designation of
Areas; KY; Redesignation of the
Kentucky Portion of the CincinnatiHamilton 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
On August 26, 2016, the
Commonwealth of Kentucky, through
the Kentucky Energy and Environment
Cabinet, Division for Air Quality (DAQ),
submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Kentucky portion of
the tri-state Cincinnati-Hamilton, OhioKentucky-Indiana 2008 8-hour ozone
nonattainment area (hereinafter referred
to as the ‘‘Cincinnati-Hamilton, OH-KYIN Area’’ or ‘‘Area’’) to attainment for
the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) and to approve the portions of
the State Implementation Plan (SIP)
revision containing a maintenance plan
and base year emissions inventory for
the Area. EPA is taking final action to
SUMMARY:
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approve the Commonwealth’s base year
emissions inventory for the Kentucky
portion of the Area; to approve the
Commonwealth’s plan for maintaining
attainment of the 2008 8-hour ozone
NAAQS in the Area, including motor
vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) for the years
2020 and 2030 for the Kentucky portion
of the Area; and to redesignate the
Kentucky portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS. Through separate actions, EPA
has approved the redesignation requests
and maintenance plans for both the
Ohio and Indiana portions of the Area.
DATES: This rule is effective July 5,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0601. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
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 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Richard
Wong may be reached by phone at (404)
562–8726 or via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for EPA’s
proposed actions?
Effective July 20, 2012, EPA
designated areas as unclassifiable/
attainment or nonattainment for the
VerDate Sep<11>2014
16:11 Jul 03, 2017
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2008 8-hour ozone NAAQS that was
promulgated on March 27, 2008. See 77
FR 30088 (May 21, 2012). The
Cincinnati-Hamilton, OH-KY-IN Area
was designated as nonattainment for the
2008 8-hour ozone NAAQS and
classified as a marginal nonattainment
area.1 On May 4, 2016 (81 FR 26697),
EPA issued a determination that the
Area had attained the 2008 8-hour
ozone NAAQS. On August 26, 2016,
Kentucky requested that EPA
redesignate the Area to attainment for
the 2008 8-hour ozone NAAQS and
submitted a SIP revision containing the
Commonwealth’s plan for maintaining
attainment of the 2008 8-hour ozone
standard in the Area through 2030,
including 2020 and 2030 MVEBs for
NOX and VOC for the CincinnatiHamilton, OH-KY-IN Area. In addition,
the Commonwealth requested approval
of the base year emissions inventory for
the 2008 8-hour ozone NAAQS pursuant
to CAA section 182(a)(1).
In a notice of proposed rulemaking
(NPRM) published on May 1, 2017 (82
FR 20297), EPA proposed to approve the
base year emissions inventory; to
approve the maintenance plan,
including the 2020 and 2030 MVEBs for
NOX and VOC, and incorporate the plan
into the Kentucky SIP; and to
redesignate the Area to attainment for
the 2008 8-hour ozone NAAQS. In that
notice, EPA also notified the public of
the status of the Agency’s adequacy
determination for the NOX and VOC
MVEBs for the Cincinnati-Hamilton,
OH-KY-IN Area. No adverse comments
were received on the May 1, 2017,
proposed rulemaking. The details of
Kentucky’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM.
II. Final Action
EPA is taking three separate, but
related, final actions. First, EPA is
approving the 2008 8-hour ozone
NAAQS base year emissions inventory
for the Kentucky portion of the
Cincinnati-Hamilton, OH-KY-IN Area as
meeting the requirements of CAA
section 182(a)(1) and incorporating it
into the SIP. Approval of the base year
emissions inventory is a prerequisite to
redesignating an ozone nonattainment
area to attainment.
Second, EPA is approving the
maintenance plan for the CincinnatiHamilton, OH-KY-IN Area, including
the NOX and VOC MVEBs for 2020 and
2030, as meeting the requirements of
1 The Cincinnati-Hamilton, OH-KY-IN Area is
composed of portions of Boone, Campbell, and
Kenton Counties in Kentucky; Butler, Clermont,
Clinton, Hamilton, and Warren Counties in Ohio;
and a portion of Dearborn County in Indiana.
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30977
CAA section 175A and incorporating it
into the Kentucky SIP. The maintenance
plan demonstrates that the Area will
continue to maintain the 2008 8-hour
ozone NAAQS through 2030, and the
MVEBs meet all of the adequacy criteria
contained in 40 CFR 93.118(e)(4) and
(5).
Third, EPA is approving Kentucky’s
redesignation request for the 2008
8-hour ozone NAAQS for the
Cincinnati-Hamilton, OH-KY-IN Area
pursuant to CAA section 107(d)(3)(E).
Approval of the redesignation request
changes the official designation of the
portions of Boone County, Campbell
County, and Kenton County in the
Cincinnati-Hamilton, OH-KY-IN Area
for the 2008 8-hour ozone NAAQS from
nonattainment to attainment, as found
at 40 CFR part 81.
EPA is also notifying the public that
EPA finds the newly-established NOX
and VOC MVEBs for the CincinnatiHamilton, OH-KY-IN Area adequate for
the purpose of transportation
conformity. Within 24 months from this
final rule, the transportation partners
will need to demonstrate conformity to
the new NOX and VOC MVEBs pursuant
to 40 CFR 93.104(e).
EPA has determined that these actions
are effective immediately upon
publication under the authority of 5
U.S.C. 553(d)(1) and (d)(3). 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. Section 553(d)(1)
allows an effective date less than 30
days after publication if a substantive
rule ‘‘relieves a restriction.’’ These
actions qualify for the exception under
section 553(d)(1) because they relieve
the State of various requirements for the
Area. Furthermore, section 553(d)(3)
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.’’
EPA finds good cause to make these
actions effective immediately pursuant
to section 553(d)(3) because they do not
create any new regulatory requirements
such that affected parties would need
time to prepare before the actions take
effect.
III. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 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, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 September 5, 2017. 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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: June 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 new entries for ‘‘2008 8-hour
ozone Maintenance Plan for the
Kentucky portion of the CincinnatiHamilton, OH-KY-IN Area’’ and ‘‘2008
8-hour ozone base year emissions
inventory for the Kentucky portion of
the Cincinnati-Hamilton, OH-KY-IN
Area’’ at the end of the table to read as
follows:
■
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
sradovich on DSK3GMQ082PROD with RULES
Name of non-regulatory SIP
provision
Applicable geographic or nonattainment area
*
*
*
*
*
2008 8-hour ozone MaintePortions of Boone (2000 Census tracts: 702, 703.05,
nance Plan for the Kentucky
703.06, 703.07, 703.08, 703.09, 704.01, 704.02, 705.01,
portion of the Cincinnati705.02, 706.01, 706.03, 706.04), Campbell (2000 Census
Hamilton, OH-KY-IN Area.
tracts: 501, 502, 503, 504, 505, 506, 512, 513, 519.01,
519.03, 519.04, 520.01, 520.02, 521, 522, 523.01,
523.02, 524, 525, 526, 528, 529, 530, 531), and Kenton
(2000 Census tracts: 603, 607, 609, 610, 611, 612, 613,
614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641,
642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652,
653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669,
670, 671) Counties, KY.
VerDate Sep<11>2014
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State
submittal date/
effective date
8/26/2016
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05JYR1
EPA approval
date
*
7/5/2017 .........
[Insert citation
of publication].
Explanations
30979
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS—Continued
State
submittal date/
effective date
Name of non-regulatory SIP
provision
Applicable geographic or nonattainment area
2008 8-hour ozone base year
emissions inventory for the
Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN
Area.
Portions of Boone, Campbell and Kenton Counties in Kentucky.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
EPA approval
date
8/26/2016
Authority: 42 U.S.C. 7401 et seq.
7/5/2017 .........
[Insert citation
of publication].
Explanations
182(a)(1)
base-year
emissions
inventory
by revising the entries for ‘‘Cincinnati,
OH-KY-IN’’ to read as follows:
4. In § 81.318, the table entitled
‘‘Kentucky-2008 8-Hour Ozone NAAQS
(Primary and secondary)’’ is amended
■
§ 81.318
*
*
Kentucky.
*
*
*
KENTUCKY—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
Cincinnati, OH-KY-IN: 2
Boone County (part) ...................................................................................
2000 Census tracts: 702, 703.05, 703.06, 703.07, 703.08, 703.09,
704.01, 704.02, 705.01, 705.02, 706.01, 706.03, 706.04.
Campbell County (part) ..............................................................................
2000 Census tracts: 501, 502, 503, 504, 505, 506, 512, 513,
519.01, 519.03, 519.04, 520.01, 520.02, 521, 522, 523.01,
523.02, 524, 525, 526, 528, 529, 530, 531.
Kenton County (part) ..................................................................................
2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616,
636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644,
645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01,
655.02, 656, 657, 658, 659, 668, 669, 670, 671.
Date 1
Type
7/5/2017
........................
Attainment.
Attainment.
........................
Attainment.
........................
Type
Attainment.
*
*
*
*
date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
*
*
*
1 This
*
*
*
*
*
[FR Doc. 2017–13994 Filed 7–3–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0099; FRL–9962–13]
Flubendiamide; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
tolerance for residues of flubendiamide
in or on tea at 50 parts per million
(ppm). Nichino America, Inc. requested
this tolerance under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July
5, 2017. Objections and requests for
hearings must be received on or before
September 5, 2017, and must be filed in
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:11 Jul 03, 2017
Jkt 241001
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0099, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, P.E., Director,
PO 00000
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Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
main telephone number: (703) 305–
7090; email address: RDFRNotices@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
E:\FR\FM\05JYR1.SGM
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Agencies
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30976-30979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2016-0601; FRL-9964-41-Region 4]
Air Plan Approval and Designation of Areas; KY; Redesignation of
the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone
Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 26, 2016, the Commonwealth of Kentucky, through the
Kentucky Energy and Environment Cabinet, Division for Air Quality
(DAQ), submitted a request for the Environmental Protection Agency
(EPA) to redesignate the Kentucky portion of the tri-state Cincinnati-
Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area
(hereinafter referred to as the ``Cincinnati-Hamilton, OH-KY-IN Area''
or ``Area'') to attainment for the 2008 8-hour ozone National Ambient
Air Quality Standards (NAAQS) and to approve the portions of the State
Implementation Plan (SIP) revision containing a maintenance plan and
base year emissions inventory for the Area. EPA is taking final action
to
[[Page 30977]]
approve the Commonwealth's base year emissions inventory for the
Kentucky portion of the Area; to approve the Commonwealth's plan for
maintaining attainment of the 2008 8-hour ozone NAAQS in the Area,
including motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOC) for the years
2020 and 2030 for the Kentucky portion of the Area; and to redesignate
the Kentucky portion of the Area to attainment for the 2008 8-hour
ozone NAAQS. Through separate actions, EPA has approved the
redesignation requests and maintenance plans for both the Ohio and
Indiana portions of the Area.
DATES: This rule is effective July 5, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0601. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation 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 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Richard Wong may be reached by phone at (404) 562-8726 or
via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for EPA's proposed actions?
Effective July 20, 2012, EPA designated areas as unclassifiable/
attainment or nonattainment for the 2008 8-hour ozone NAAQS that was
promulgated on March 27, 2008. See 77 FR 30088 (May 21, 2012). The
Cincinnati-Hamilton, OH-KY-IN Area was designated as nonattainment for
the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment
area.\1\ On May 4, 2016 (81 FR 26697), EPA issued a determination that
the Area had attained the 2008 8-hour ozone NAAQS. On August 26, 2016,
Kentucky requested that EPA redesignate the Area to attainment for the
2008 8-hour ozone NAAQS and submitted a SIP revision containing the
Commonwealth's plan for maintaining attainment of the 2008 8-hour ozone
standard in the Area through 2030, including 2020 and 2030 MVEBs for
NOX and VOC for the Cincinnati-Hamilton, OH-KY-IN Area. In
addition, the Commonwealth requested approval of the base year
emissions inventory for the 2008 8-hour ozone NAAQS pursuant to CAA
section 182(a)(1).
---------------------------------------------------------------------------
\1\ The Cincinnati-Hamilton, OH-KY-IN Area is composed of
portions of Boone, Campbell, and Kenton Counties in Kentucky;
Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio;
and a portion of Dearborn County in Indiana.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on May 1, 2017
(82 FR 20297), EPA proposed to approve the base year emissions
inventory; to approve the maintenance plan, including the 2020 and 2030
MVEBs for NOX and VOC, and incorporate the plan into the
Kentucky SIP; and to redesignate the Area to attainment for the 2008 8-
hour ozone NAAQS. In that notice, EPA also notified the public of the
status of the Agency's adequacy determination for the NOX
and VOC MVEBs for the Cincinnati-Hamilton, OH-KY-IN Area. No adverse
comments were received on the May 1, 2017, proposed rulemaking. The
details of Kentucky's submittal and the rationale for EPA's actions are
further explained in the NPRM.
II. Final Action
EPA is taking three separate, but related, final actions. First,
EPA is approving the 2008 8-hour ozone NAAQS base year emissions
inventory for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN
Area as meeting the requirements of CAA section 182(a)(1) and
incorporating it into the SIP. Approval of the base year emissions
inventory is a prerequisite to redesignating an ozone nonattainment
area to attainment.
Second, EPA is approving the maintenance plan for the Cincinnati-
Hamilton, OH-KY-IN Area, including the NOX and VOC MVEBs for
2020 and 2030, as meeting the requirements of CAA section 175A and
incorporating it into the Kentucky SIP. The maintenance plan
demonstrates that the Area will continue to maintain the 2008 8-hour
ozone NAAQS through 2030, and the MVEBs meet all of the adequacy
criteria contained in 40 CFR 93.118(e)(4) and (5).
Third, EPA is approving Kentucky's redesignation request for the
2008 8-hour ozone NAAQS for the Cincinnati-Hamilton, OH-KY-IN Area
pursuant to CAA section 107(d)(3)(E). Approval of the redesignation
request changes the official designation of the portions of Boone
County, Campbell County, and Kenton County in the Cincinnati-Hamilton,
OH-KY-IN Area for the 2008 8-hour ozone NAAQS from nonattainment to
attainment, as found at 40 CFR part 81.
EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the Cincinnati-Hamilton,
OH-KY-IN Area adequate for the purpose of transportation conformity.
Within 24 months from this final rule, the transportation partners will
need to demonstrate conformity to the new NOX and VOC MVEBs
pursuant to 40 CFR 93.104(e).
EPA has determined that these actions are effective immediately
upon publication under the authority of 5 U.S.C. 553(d)(1) and (d)(3).
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. Section 553(d)(1)
allows an effective date less than 30 days after publication if a
substantive rule ``relieves a restriction.'' These actions qualify for
the exception under section 553(d)(1) because they relieve the State of
various requirements for the Area. Furthermore, section 553(d)(3)
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.'' EPA finds good cause to make these actions effective
immediately pursuant to section 553(d)(3) because they do not create
any new regulatory requirements such that affected parties would need
time to prepare before the actions take effect.
III. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
[[Page 30978]]
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. See 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, these actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 September 5, 2017. 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: June 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 new entries for ``2008 8-hour
ozone Maintenance Plan for the Kentucky portion of the Cincinnati-
Hamilton, OH-KY-IN Area'' and ``2008 8-hour ozone base year emissions
inventory for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN
Area'' at the end of the table to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal date/ EPA approval date Explanations
provision or nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * *
2008 8-hour ozone Maintenance Portions of Boone (2000 8/26/2016 7/5/2017.......... ..................
Plan for the Kentucky portion Census tracts: 702, [Insert citation
of the Cincinnati-Hamilton, OH- 703.05, 703.06, of publication].
KY-IN Area. 703.07, 703.08,
703.09, 704.01,
704.02, 705.01,
705.02, 706.01,
706.03, 706.04),
Campbell (2000 Census
tracts: 501, 502, 503,
504, 505, 506, 512,
513, 519.01, 519.03,
519.04, 520.01,
520.02, 521, 522,
523.01, 523.02, 524,
525, 526, 528, 529,
530, 531), and Kenton
(2000 Census tracts:
603, 607, 609, 610,
611, 612, 613, 614,
616, 636.03, 636.04,
636.05, 636.06, 638,
640, 641, 642, 643,
644, 645, 646, 647,
648, 649, 650, 651,
652, 653, 654, 655.01,
655.02, 656, 657, 658,
659, 668, 669, 670,
671) Counties, KY.
[[Page 30979]]
2008 8-hour ozone base year Portions of Boone, 8/26/2016 7/5/2017.......... 182(a)(1) base-
emissions inventory for the Campbell and Kenton [Insert citation year emissions
Kentucky portion of the Counties in Kentucky. of publication]. inventory
Cincinnati-Hamilton, OH-KY-IN
Area.
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
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-2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended by revising the entries for
``Cincinnati, OH-KY-IN'' to read as follows:
Sec. 81.318 Kentucky.
* * * * *
Kentucky--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area --------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Cincinnati, OH-KY-IN: \2\ 7/5/2017 Attainment...............
Boone County (part).............. .............. Attainment...............
2000 Census tracts: 702,
703.05, 703.06, 703.07,
703.08, 703.09, 704.01,
704.02, 705.01, 705.02,
706.01, 706.03, 706.04.
Campbell County (part)........... .............. Attainment...............
2000 Census tracts: 501, 502,
503, 504, 505, 506, 512,
513, 519.01, 519.03, 519.04,
520.01, 520.02, 521, 522,
523.01, 523.02, 524, 525,
526, 528, 529, 530, 531.
Kenton County (part)............. .............. Attainment...............
2000 Census tracts: 603, 607,
609, 610, 611, 612, 613,
614, 616, 636.03, 636.04,
636.05, 636.06, 638, 640,
641, 642, 643, 644, 645,
646, 647, 648, 649, 650,
651, 652, 653, 654, 655.01,
655.02, 656, 657, 658, 659,
668, 669, 670, 671.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
* * * * *
[FR Doc. 2017-13994 Filed 7-3-17; 8:45 am]
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