[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]


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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.

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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 [email protected].

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).
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    \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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    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.

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    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                                               State
   Name of non-regulatory SIP     Applicable geographic   submittal date/  EPA approval date     Explanations
           provision              or nonattainment area   effective date
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                                                   * * * * * *
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.
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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.

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                                        Kentucky--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
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                                                      Designation                         Classification
           Designated area            --------------------------------------------------------------------------
                                          Date \1\                Type               Date \1\          Type
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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.
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2017-13994 Filed 7-3-17; 8:45 am]
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