[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Proposed Rules]
[Page 6459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3356]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[KY-116; KY-119-200214b; FRL-7141-8]


Approval and Promulgation of Implementation Plans Reinstatement 
of Redesignation of Area for Air Quality Planning Purposes; Kentucky 
Portion of the Cincinnati-Hamilton Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Cincinnati-Hamilton moderate 1-hour ozone nonattainment 
area (Cincinnati-Hamilton area) includes the Ohio Counties of Hamilton, 
Butler, Clermont, and Warren and the Kentucky Counties of Boone, 
Campbell, and Kenton. In a Federal Register notice published June 19, 
2000, the Cincinnati-Hamilton area was redesignated to attainment for 
the 1-hour ozone National Ambient Air Quality Standard (NAAQS) 
effective July 5, 2000. On September 11, 2001, the United States Court 
of Appeals for the 6th Circuit vacated EPA's redesignation of the 
Cincinnati-Hamilton area, after concluding that EPA erred in one 
respect that pertained solely to the Ohio portion of the area. Wall v. 
EPA, 265 F.3d 426 (6th Cir. 2001). Therefore, in response to the 
Court's findings, EPA is proposing to reinstate our redesignation to 
attainment for the 1-hour ozone NAAQS for the Kentucky portion of the 
Cincinnati-Hamilton area, to become effective as of the effective date 
of the original redesignation action. EPA is addressing the remand 
relating to the Ohio portion of the Cincinnati-Hamilton area in a 
separate rulemaking action. In the Final Rules section of this Federal 
Register, EPA is taking this reinstatement action as a direct final 
rule without prior proposal, because the Agency views this as a 
noncontroversial revision and anticipates no adverse comments. A 
detailed rationale for the reinstatement is set forth in the direct 
final rule. If no adverse comments relating to the reinstatement are 
received in response to this action, no further activity is 
contemplated. EPA does not intend to reconsider any comments that were, 
or could have been, presented regarding our original redesignation 
rulemaking. If EPA receives adverse comments related to the 
reinstatement, the direct final rulemaking will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this document. Any parties interested in commenting on this 
document should do so at this time.

DATES: Comments must be received on or before March 14, 2002.

ADDRESSES: All comments should be addressed to: Raymond Gregory, 
Regulatory Development Section, Air Planning Branch, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303.
    Copies of the Cabinet's original redesignation request, the Court's 
ruling and other information are available for inspection during normal 
business hours at the following locations: U.S. Environmental 
Protection Agency, Region 4, Air Planning Branch, Regulatory 
Development Section, 61 Forsyth Street, SW., Atlanta, Georgia 30303; 
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane, 
Frankfort, Kentucky 40601-1403. Persons wishing to examine these 
documents should make an appointment at least 24 hours before the 
visiting day and reference file KY-116.

FOR FURTHER INFORMATION CONTACT: Raymond Gregory, Environmental 
Scientist, Regulatory Development Section, Air Planning Branch, U.S. 
Environmental Protection Agency Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303, (404) 562-9116, ([email protected]).

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the Final Rules section of this 
Federal Register.

    Dated: January 22, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-3356 Filed 2-11-02; 8:45 am]
BILLING CODE 6560-50-P