```

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33726-33731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13186]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0062; FRL-9820-1]

Approval and Promulgation of Implementation Plans; Kentucky: 
Kentucky Portion of Cincinnati-Hamilton, Revision to the Motor Vehicle 
Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the 
Kentucky State Implementation Plan (SIP), submitted to EPA on August 9, 
2012, by the Commonwealth of Kentucky, through the Kentucky Energy and 
Environment Cabinet, Division for Air Quality (DAQ). Kentucky's August 
9, 2012, SIP revision includes changes to the maintenance plan for the 
Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN, maintenance area 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). The Cincinnati-Hamilton, OH-KY-IN, maintenance area for the 
1997 8-hour ozone NAAQS includes the counties of Boone, Campbell and 
Kenton in Kentucky (hereafter also referred to as Northern Kentucky); a 
portion of Dearborn County, Indiana; and the entire counties of Butler, 
Clermont, Clinton, Hamilton and Warren in Ohio. Kentucky's August 9, 
2012, SIP revision proposes to update the motor vehicle emissions 
budget using an updated mobile emissions model, the Motor Vehicle 
Emissions Simulator (also known as MOVES2010a), and to increase the 
safety margin allocated to motor vehicle emissions budgets (MVEBs or 
budgets) for nitrogen oxides (NOX) and volatile organic 
compounds (VOC) for Northern Kentucky to account for changes in the 
emissions model and vehicle miles traveled (VMT) projection model. EPA 
is approving this SIP revision and deeming the MVEB adequate for 
transportation conformity purposes, because the Commonwealth has 
demonstrated that it is consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective on August 5, 2013 without further notice, 
unless EPA receives relevant adverse comment by July 5, 2013. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0062 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0062, 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0062. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any 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 through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email 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, 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 EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, 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

[[Page 33727]]

about EPA's public docket visit the EPA Docket Center homepage at 
http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in 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: Kelly Sheckler, Air Quality and 
Transportation Modeling 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. Kelly 
Sheckler may be reached by phone at (404) 562-9222 or by electronic 
mail address sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this action?
    a. SIP Budgets and Transportation Conformity
    b. Prior Approval of Budgets
    c. The MOVES Emissions Model and Regional Transportation 
Conformity Grace Period
    d. Submissions of New Budgets Based on MOVES2010a
II. What are the criteria for approval?
III. What is EPA's analysis of the Commonwealth's SIP revision?
    a. Approvability of the MOVES2010a-Based Budgets
    b. Applicability of MOVES2010a-Based Budgets
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Is the background for this action?

a. SIP Budgets and Transportation Conformity

    Under the CAA, states are required to submit, at various times, 
control strategy SIP revisions and maintenance plans for nonattainment 
and maintenance areas for a given NAAQS. These emission control 
strategy SIP revisions (e.g., reasonable further progress and 
attainment demonstration SIP revisions) and maintenance plans include 
budgets of on-road mobile source emissions for criteria pollutants and/
or their precursors to address pollution from cars, trucks, and other 
on-road vehicles. SIP budgets are the portions of the total allowable 
emissions that are allocated to on-road vehicle use that, together with 
emissions from other sources in the area, will provide for attainment 
or maintenance. The budget serves as a ceiling on emissions from an 
area's planned transportation system. For more information about 
budgets, see the preamble to the November 24, 1993, transportation 
conformity rule (58 FR 62188).
    Under section 176(c) of the CAA, transportation plans, 
transportation improvement programs (TIPs), and transportation projects 
must ``conform'' to (i.e., be consistent with) the SIP before they can 
be adopted or approved. Conformity to the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
air quality violations, or delay timely attainment of the NAAQS or an 
interim milestone. The transportation conformity regulations can be 
found at 40 CFR Parts 51 and 93.
    Before budgets can be used in conformity determinations, EPA must 
affirmatively find the budgets adequate. However, adequate budgets do 
not supersede approved budgets for the same CAA purpose. If the 
submitted SIP budgets are meant to replace budgets for the same CAA 
purpose and year(s) addressed by a previously approved SIP, as in the 
case of Kentucky's MOVES2010a VOC and NOX budgets for the 
1997 8-hour ozone NAAQS (the subject of this action), EPA must approve 
the revised SIP and budgets, and can affirm the budgets are adequate at 
the same time. Once EPA approves the SIP revision and determines the 
budgets adequate, the revised budgets must be used by the state and 
federal agencies in determining whether transportation activities 
conform to the SIP as required by section 176(c) of the CAA. EPA's 
substantive criteria for determining the adequacy of budgets are set 
out in 40 CFR 93.118(e)(4).

b. Prior Approval of Budgets

    Northern Kentucky, as part of the Cincinnati-Hamilton, OH-KY-IN 
area, was designated as nonattainment for the 1997 8-hour ozone NAAQS 
effective June 15, 2004 (69 FR 23858).\1\ Subsequently, Northern 
Kentucky, as part of the Cincinnati-Hamilton, OH-KY-IN area, was 
redesignated as attainment for the 1997 8-hour ozone NAAQS on August 5, 
2010, (75 FR 47218). As part of this redesignation, EPA approved a 10-
year air quality maintenance plan covering the years 2010 through 2020. 
The 10-year air quality maintenance plan for Northern Kentucky 
established MVEBs for 2015 and 2020 for transportation conformity 
purposes using the MOBILE 6.2 model which was the latest approved 
emissions model at that time. That plan satisfied the CAA requirement 
for a 1997 8-hour ozone maintenance plan.
    The same counties in Northern Kentucky were designated 
nonattainment for the 1997 annual fine particulate matter 
(PM2.5) NAAQS. See 70 FR 944 (January 5, 2005). 
Subsequently, on December 15, 2011, EPA approved a redesignation 
request for this same area for the 1997 annual PM2.5 from 
nonattainment to attainment. See 76 FR 77903. Kentucky's 1997 annual 
PM2.5 maintenance plan included MVEBs that were derived with 
the MOVES model--the latest approved emissions model at that time.
    Kentucky is taking the opportunity through the Commonwealth's 
August 9, 2012, SIP revision to align and update the mobile model used 
to derive the MVEBs for ozone for the ease of implementing 
transportation conformity requirements in the Northern Kentucky Area. 
Specifically, Kentucky has opted to update the 1997 8-hour ozone MVEBs 
with the MOVES model. This update would align the 1997 8-hour ozone 
MVEBs with the most current mobile model and would align these MVEBs 
with the mobile model (i.e., MOVES) that has to be used for both the 
ozone and PM2.5 transportation conformity analysis.

c. The MOVES Emissions Model and Regional Transportation Conformity 
Grace Period

    The MOVES model is EPA's state-of-the-art tool for estimating 
highway emissions. The model is based on analyses of millions of 
emission test results and considerable advances in the Agency's 
understanding of vehicle emissions. MOVES incorporates the latest 
emissions data, more sophisticated calculation algorithms, increased 
user flexibility, new software design, and significant new capabilities 
relative to those reflected in MOBILE 6.2.
    EPA announced the release of MOVES2010 in March 2010 (75 FR 9411). 
EPA subsequently released two minor model revisions: MOVES2010a in 
September 2010 and MOVES2010b in

[[Page 33728]]

April 2012. Both of these minor revisions enhance model performance and 
do not significantly affect the criteria pollutant emissions results 
from MOVES2010.
    MOVES will be required for new regional emissions analyses for 
transportation conformity determinations (``regional conformity 
analyses'') outside of California that begin after March 2, 2013 (or 
when EPA approves MOVES-based budgets, whichever comes first).\2\ The 
MOVES grace period for regional conformity analyses applies to both the 
use of MOVES2010 and approved minor revisions (e.g., MOVES2010a and 
MOVES2010b). For more information, see EPA's ``Policy Guidance on the 
Use of MOVES2010 and Subsequent Minor Model Revisions for State 
Implementation Plan Development, Transportation Conformity, and Other 
Purposes'' (April 2012), available online at: www.epa.gov/otaq/stateresources/transconf/policy.htm#models.
---------------------------------------------------------------------------

    \2\ Upon the release of MOVES2010, EPA established a two-year 
grace period before MOVES is required to be used for regional 
conformity analyses (75 FR 9411). EPA subsequently promulgated a 
final rule on February 27, 2012, to provide an additional year 
before MOVES is required for these analyses (77 FR 11394).
---------------------------------------------------------------------------

    EPA encouraged areas to examine how MOVES would affect future 
transportation plan and TIP conformity determinations so, if necessary, 
SIPs and budgets could be revised with MOVES or transportation plans 
and TIPs could be revised (as appropriate) prior to the end of the 
regional transportation conformity grace period. EPA also encouraged 
state and local air agencies to consider how the release of MOVES would 
affect analyses supporting SIP submissions under development (77 FR 
9411 and 77 FR 11394).
    For consistency purposes with future Transportation conformity 
determinations, the interagency consultation partners for 
transportation conformity decided to update the 1997 8-hour ozone 
MOBILE6.2-based MVEBs with MOVES

d. Submission of New Budgets Based on MOVES2010a

    On August 9, 2012, the Commonwealth submitted a SIP revision to 
revise the 1997 8-hour ozone MVEBs using the MOVES2010a emissions model 
for the Kentucky portion of the Ohio, Kentucky and Indiana MSA. The 
revision reflects changes in emission estimates due to new emissions 
model, VMT projection models, and other emission model input data. The 
Indiana and Ohio portion of this Area have separate MVEBs. In its 
August 9, 2012, SIP revision, Kentucky also provides for a safety 
margin to the 1997 8-hour ozone MVEBs for the years 2015 and 2020 for 
both NOX and VOC. The 1997 8-hour ozone MVEBs (expressed in 
tons per day (tpd)) that are being updated through today's action were 
originally approved by EPA on August 5, 2010 (75 FR 47218). These MVEBs 
were established for NOX and VOC for the years, 2015 and 
2020.

II. What are the criteria for approval?

    EPA has always required under the CAA that revisions to existing 
SIPs continue to meet applicable requirements (i.e., reasonable further 
progress (RFP), attainment, or maintenance). States that revise their 
existing SIPs to include MOVES budgets must therefore show that the SIP 
continues to meet applicable requirements with the new level of motor 
vehicle emissions contained in the budgets. The SIP must also meet any 
applicable SIP requirements under CAA section 110.
    In addition, the transportation conformity rule (40 CFR 
93.118(e)(4)(iv)) requires that ``the motor vehicle emissions 
budget(s), when considered together with all other emissions sources, 
is consistent with applicable requirements for [RFP], attainment, or 
maintenance (whichever is relevant to the given implementation plan 
submission).'' This and the other adequacy criteria found at 40 CFR 
93.118(e)(4) must be satisfied before EPA can find submitted budgets 
adequate or approve them for conformity purposes.
    In addition, areas can revise their budgets and inventories using 
MOVES without revising their entire SIP if: (1) The SIP continues to 
meet applicable requirements when the previous motor vehicle emissions 
inventories are replaced with MOVES base year and milestone, 
attainment, or maintenance year inventories; and (2) the state can 
document that growth and control strategy assumptions for non-motor 
vehicle sources continue to be valid and any minor updates do not 
change the overall conclusions of the SIP. For example, the first 
criterion could be satisfied by demonstrating that the emissions 
reductions between the base year and attainment or maintenance year are 
the same or greater using MOVES than they were previously.
    For more information, see EPA's ``Policy Guidance on the Use of 
MOVES2010 and Subsequent Minor Model Revisions for State Implementation 
Plan Development, Transportation Conformity, and Other Purposes'' 
(April 2012).

III. What is EPA's analysis of the Commonwealth's SIP revision?

    As discussed above, EPA issued an updated motor vehicle emissions 
model known as MOVES. In its announcement of this model, EPA 
established a two-year grace period for continued use of MOBILE6.2 in 
regional emissions analyses for transportation plan and TIPs conformity 
determinations (extending to March 2, 2013), after which states (other 
than California) must use MOVES in conformity determinations for TIPs. 
MOBILE6.2 was the applicable mobile source emissions model that was 
available when the Commonwealth submitted the original maintenance plan 
for the 1997 8-hour ozone NAAQS. The Commonwealth has opted to update 
its 1997 8-hour ozone MVEBs with the MOVES model for ease of 
implementing transportation conformity requirements.

              Table 1--Original MVEBs for Northern Kentucky
                  [Boone, Campbell and Kenton Counties]
------------------------------------------------------------------------
                                                 2015 (tpd)   2020 (tpd)
------------------------------------------------------------------------
NOX...........................................        14.40        13.27
VOC...........................................         9.76        10.07
------------------------------------------------------------------------

    The following tables show the difference between the MOBILE6.2 
MVEBs and the MOVES MVEB.

                                                                  Table 2--VOC Emissions Inventory: MOBILE6.2 versus MOVES MVEB
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                           VOC                                                 MOBILE6.2                                             MOVES                                             MOVES
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
                         Sector                               2005         2008         2015         2020         2005         2008         2015         2020     2005  2008  2015  2020  2005
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Point...................................................         4.02         4.26         4.65         4.93         4.02         4.26         4.65         4.93
Area....................................................        21.43        20.63        20.36        20.36        21.43        20.63        20.36        20.36

[[Page 33729]]

 
Non-Road................................................         9.52         8.53         7.60         7.31         9.52         8.53         7.60         7.31
Mobile..................................................        11.17        10.14         7.76         7.07        25.20        16.53         9.09         5.89
                                                         ---------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................        46.14        43.56        40.37        39.67        60.17        49.95        41.70        38.49
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                                                                 Table 3--NOX Emissions Inventory: MOBILE6.2 versus MOVES MVEBs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                           NOX                                                 MOBILE6.2                                             MOVES                                             MOVES
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
                         Sector                               2005         2008         2015         2020         2005         2008         2015         2020     2005  2008  2015  2020  2005
---------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------
Point...................................................        23.98        23.32        25.13        26.53        23.98        23.32        25.13        26.53
Area....................................................        10.57        10.40        10.35        10.35        10.57        10.40        10.35        10.35
Non-Road................................................        27.72        23.69        20.49        19.57        27.72        23.69        20.49        19.57
Mobile..................................................        26.64        21.78        11.40         8.27        80.15        55.34        31.56        18.74
                                                         ---------------------------------------------------------------------------------------------------------------------------------------
    Total...............................................        88.91        79.19        67.37        64.72       142.42       112.75        87.53        75.19
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Although the on-road mobile source emissions increased from the 
original MOBILE 6.2 MVEBs for a number of projection years, the revised 
data does not change the ozone attainment status for the Cincinnati-
Hamilton, OH-KY-IN area. The point, area, and non-road sectors of the 
SIP emissions inventory are not affected. The only affected portions 
are the on-road mobile source emissions and the overall totals. EPA 
notes that the change in the projected emissions for on-road mobile 
sources is due solely to the transitions from reliance on MOBILE 6.2 
MVEBs to reliance on MOVES MVEBs.
    The Commonwealth is currently allocating portions of the available 
safety margin \3\ to the MVEBs to account for new emissions models, VMT 
projections models, as well as changes to future vehicle mix 
assumptions, that influence the emission estimations. A portion of the 
safety margin for both VOC and NOX will be allocated for 
budget years 2015 and 2020 to address the additional projected 
emissions increases associated with the use of the MOVES model. The 
MVEB years will remain the same with the MOVES updated numbers. 
Specifically, 2.06 tpd of the available VOC safety margin is allocated 
to the 2015 MVEBs and 2.87 tpd for the 2020 MVEBs.\4\ Additionally, 
6.31 tpd of the available NOX safety margin are allocated to 
the 2015 MVEBs and 9.39 tpd for the 2020 MVEBs. The remaining safety 
margin for VOC for 2015 is 6.19 tpd and for 2020 is 8.59 tpd. The 
remaining safety margin for NOX for 2015 is 18.91 tpd and 
for 2020 is 28.17 tpd.
---------------------------------------------------------------------------

    \3\ A safety margin is the difference between the attainment 
level of emissions from all source categories (i.e., point, area, 
and mobile) and the projected level of emissions from all source 
categories. The State may choose to allocate some of the safety 
margin to the MVEB, for transportation conformity purposes, so long 
as the total level of emissions from all source categories remains 
equal to or less than the attainment level of emissions.
    \4\ EPA notes that projected mobile emissions for 2020 decrease 
from 7.07 tpd under the MOBILE 6.2 model projection to 5.89 tpd 
under the MOVES model projection. Nonetheless, KDAQ has proposed to 
allocate 2.87 tpd of its VOC safety margin to the 2020 MVEBs to 
account for potential changes in methodology that may occur in the 
future such as updated socioeconomic data, new models, and other 
factors.

                  Table 4--Northern Kentucky NOX MVEBs
                                  [tpd]
------------------------------------------------------------------------
                                                          2015     2020
------------------------------------------------------------------------
                              NOX Emissions
------------------------------------------------------------------------
On-Road Mobile Emissions..............................    31.56    18.74
Safety Margin Allocated to MVEBs......................     6.31     9.39
NOX Conformity MVEBs..................................    37.87    28.13
------------------------------------------------------------------------

                  Table 5--Northern Kentucky VOC MVEBs
                                  [tpd]
------------------------------------------------------------------------
                                                          2015     2020
------------------------------------------------------------------------
                              VOC Emissions
------------------------------------------------------------------------
On-Road Mobile Emissions..............................     9.09     5.89
Safety Margin Allocated to MVEBs......................     2.06     2.87
VOC Conformity MVEBs..................................    11.15     8.76
------------------------------------------------------------------------

    Taking into consideration the portion of the safety margin applied 
to the MVEBs, the resulting difference between the attainment level of 
emissions from all sources and the projected level of emissions from 
all sources in the maintenance area, the Area still attains the NAAQS 
and meets the maintenance requirements. The new safety margins are 
listed below in Table 6.

          Table 6--New Safety Margins for the Northern Kentucky
------------------------------------------------------------------------
                     Year                         VOC tpd      NOX tpd
------------------------------------------------------------------------
2015..........................................         6.19        18.91
2020..........................................         8.59        28.17
------------------------------------------------------------------------

    As shown in Tables 2 and 3 above, VOC and NOX total 
emissions in Northern Kentucky are projected to steadily decrease from 
2008 to the maintenance year of 2020. This VOC and NOX 
emission decrease demonstrates continued maintenance of the 8-hour 
ozone NAAQS for ten years from 2010 (the year the Area was effectively 
designated attainment for the 1997 8-hour ozone NAAQS) as required by 
the CAA.

a. Approvability of the MOVES2010a-Based Budgets

    EPA is approving the MOVES2010a-based budgets submitted by the 
Commonwealth for use in determining transportation conformity in 
Northern Kentucky for the 1997 8-hour ozone NAAQS. EPA is making this 
approval based on our evaluation of these budgets using the adequacy 
criteria found in 40 CFR 93.118(e)(4) and our evaluation of the 
Commonwealth's submittal and SIP requirements. EPA has determined, 
based on its evaluation, that the Area's SIP would continue to serve 
its

[[Page 33730]]

intended purpose with the submitted MOVES2010a-based budgets at 40 CFR 
93.118(e)(4). Specifically:
     The submitted SIP was endorsed by Kentucky Energy and 
Environment Cabinet Secretary, Leonard K. Peters, and was subject to a 
state public hearing ((e)(4)(i));
     Before the submitted SIP was submitted to EPA, 
consultation among federal, state, and local agencies occurred, full 
documentation was provided to EPA [and EPA's stated concerns were 
addressed, if applicable] ((e)(4)(ii));
     The budgets are clearly identified and precisely 
quantified ((e)(4)(iii));
     The budgets, when considered together with all other 
emissions sources, are consistent with applicable requirements for 
reasonable further progress, attainment, or maintenance ((e)(4)(iv));
     The budgets are consistent with and clearly related to the 
emissions inventory and control measures in the submitted SIP 
((e)(4)(v); and,
     The revisions explain and document changes to the previous 
budgets, impacts on point and area source emissions, and changes to 
established safety margins, and reasons for the changes (including the 
basis for any changes related to emission factors or vehicle miles 
traveled) ((e)(4)(vi)).
    EPA has always required under the CAA that revisions to existing 
SIPs and budgets continue to meet applicable requirements (e.g., RFP or 
attainment). Therefore, states that revise existing SIPs with MOVES 
must show that the SIP continues to meet applicable requirements with 
the new level of motor vehicle emissions calculated by the new model.
    To that end, Kentucky DAQ's submitted SIP meets EPA's two criteria 
for revising budgets without revising the entire SIP if:
    (1) The SIP continues to meet applicable requirements when the 
previous motor vehicle emissions inventories are replaced with [MOVES 
model used] base year and milestone, attainment, or maintenance year 
inventories, and
    (2) The state can document that growth and control strategy 
assumptions for non-motor vehicle sources continue to be valid and any 
minor updates do not change the overall conclusions of the SIP.
    As described above in section above, the Area meets both of the 
above criteria based on information provided to EPA or if there are 
more significant changes in other inventory categories. Based on review 
of the SIP and the new budgets provided, EPA is determining that the 
SIP will continue to meet applicable requirements if the revised motor 
vehicle emissions inventories are replaced with MOVES2010a.

b. Applicability of MOVES2010a-Based Budgets

    Pursuant to the Commonwealth's request, EPA is approving the 
revised budgets. The Commonwealth's existing MOBILE6.2 budgets will no 
longer be applicable for transportation conformity purposes upon the 
effective date of this final approval.
    In addition, once EPA approves the MOVES2010a-based budgets, the 
regional transportation conformity grace period for using MOVES2010 
(and subsequent minor revisions) for the pollutants included in these 
budgets will end for Northern Kentucky for the 1997 8-hour ozone NAAQS 
on the effective date of this final approval.\5\
---------------------------------------------------------------------------

    \5\ For more information, see EPA's ``Policy Guidance on the Use 
of MOVES2010 and Subsequent Minor Revisions for State Implementation 
Plan Development, Transportation Conformity, and Other Purposes,'' 
(April 2012).
---------------------------------------------------------------------------

IV. Final Action

    EPA is taking direct final action to approve Commonwealth's August 
9, 2012, SIP revision to replace the existing MOBILE 6.2 MVEBs for VOC 
and NOX with new budgets based on MOVES2010a. In addition, 
EPA is taking direct final action to allocate a portion of the 
available safety margin to the MOVES2010a MVEBs for Northern Kentucky 
for the 1997 8-hour ozone NAAQS. EPA is approving this action because 
it is consistent with the CAA and the transportation conformity 
requirements at 40 CFR 93.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a non-controversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should an 
adverse comment be filed. This rule will be effective on August 5, 2013 
without further notice unless the Agency receives adverse comment by 
July 5, 2013. If EPA receives such comments, then EPA will publish a 
document withdrawing the final rule and informing the public that the 
rule will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. If no such comments 
are received, the public is advised this rule will be effective on 
August 5, 2013 and no further action will be taken on the proposed 
rule.

V. 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 
Commonwealth 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

[[Page 33731]]

country, 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 August 5, 2013. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, 
Intergovernmental relations, Incorporation by reference, Nitrogen 
dioxides, Reporting and recordkeeping requirements, and Volatile 
organic compounds.

    Dated: May 22, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is 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 the ``MVEB Update for the 1997 8-hour Ozone Maintenance 
Plan for Northern Kentucky'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable       State submittal
   Name of non-regulatory SIP        geographic or       date/effective    EPA approval date      Explanation
            provision              nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MVEB Update for the 1997 8-hour   Boone, Campbell,                8/9/12  6/5/13 [Insert      ..................
 Ozone Maintenance Plan for        and Kenton                              citation of
 Northern Kentucky.                Counties, KY.                           publication].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-13186 Filed 6-4-13; 8:45 am]
BILLING CODE 6560-50-P
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