65458 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

electronic submission would cause an 

undue burden or expense. 

(6) Deadline for submissions by 

owners or operators of CAFOs in focus 

watersheds. The owner or operator of a 

CAFO located in a focus watershed and 

so notified must submit the information 

required by paragraph(k)(4) of this 

section in accordance with paragraph 

(k)(5) of this section [within 90 days] 

after EPA notifies CAFOs of such 

obligation in accordance with paragraph 

(k)(3). 

[FR Doc. 2011–27189 Filed 10–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2010–0937–201118; FRL– 

9480–2] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Kentucky Portion of the CincinnatiHamilton 1997 Annual Fine Particulate 

Matter Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On January 27, 2011, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division of Air Quality (DAQ), 

submitted a request to redesignate the 

Kentucky portion of the CincinnatiHamilton, Ohio-Kentucky-Indiana 

(hereafter referred to the ‘‘Tri-state 

Cincinnati-Hamilton Area’’) fine 

particulate matter (PM2.5) nonattainment 

area to attainment for the 1997 Annual 

PM2.5 National Ambient Air Quality 

Standards (NAAQS); and to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the Kentucky portion of the Tri-state 

Cincinnati-Hamilton Area. The Tri-state 

Cincinnati-Hamilton Area is comprised 

of Boone, Campbell, and Kenton 

Counties in Kentucky (hereafter referred 

to as the ‘‘Northern Kentucky Area’’ or 

‘‘Area’’); Butler, Clermont, Hamilton, 

and Warren Counties in Ohio; and a 

portion of Dearborn County in Indiana. 

EPA is proposing to approve the 

redesignation request for Boone, 

Campbell, and Kenton Counties, along 

with the related SIP revision, including 

the Commonwealth’s plan for 

maintaining attainment of the PM2.5

standard in the Northern Kentucky 

Area. EPA is also proposing to approve 

Kentucky’s nitrogen oxides (NOX) and 

PM2.5 Motor Vehicle Emission Budgets 

(MVEBs) for 2015 and 2021 for the 

Northern Kentucky Area. On December 

9, 2010, and January 25, 2011, 

respectively, Ohio and Indiana 

submitted requests to redesignate their 

portion of the Tri-state CincinnatiHamilton Area to attainment for the 

1997 PM2.5 NAAQS. EPA is taking 

action on the requests from Ohio and 

Indiana in an action separate from these 

proposed actions. 

DATES: Comments must be received on 

or before November 21, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0937, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0937, 

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: Ms. 

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–2010– 

0937. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, 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 

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 

http://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 http:// 

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: Joel 

Huey of the Regulatory Development 

Section, in the Air Planning Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Joel 

Huey may be reached by phone at (404) 

562–9104, or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the actions EPA is proposing to 

take? 

II. What is the background for EPA’s 

proposed actions? 

III. What are the criteria for redesignation? 

IV. Why is EPA proposing these actions? 

V. What is EPA’s analysis of the request? 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65459 

1On September 29, 2011, at 76 FR 60373, EPA 

determined that the Tri-state Cincinnati-Hamilton 

Area attained the 1997 PM2.5 NAAQS by its 

applicable attainment date of April 5, 2010, and 

that the Area was continuing to attain the PM2.5

standard with monitoring data that was currently 

available. 

2See ‘‘Federal Implementation Plans to Reduce 

Interstate Transport of Fine Particulate Matter and 

Ozone in 27 States; Correction of SIP Approvals for 

22 States’’ (76 FR 48208, August 8, 2011). 

3 In response to legal challenges of the annual 

standard promulgated in 2006, the United States 

Court of Appeals for the District of Columbia circuit 

(DC Cir.) remanded this NAAQS to EPA for further 

consideration. See american Farm Bureau 

Federation and National Pork Producers Council, et 

al. v. EPA, 559 F.3D 512 (DC Cir. 2009). However, 

given that the 1997 and 2006 Annual NAAQS are 

essentially identical, attainment of the 1997 Annual 

NAAQS would also indicate attainment of the 

remanded 2006 Annual NAAQS. 

VI. What is EPA’s analysis of Kentucky’s 

proposed NOX and PM2.5 MVEBs for the 

Northern Kentucky Area? 

VII. What is the status of EPA’s adequacy 

determination for the proposed NOX and 

PM2.5 MVEBs for 2015 and 2021 for the 

Northern Kentucky Area? 

VIII. What is EPA’s analysis of the proposed 

2008 base year emissions inventory for 

the Northern Kentucky Area? 

IX. Proposed Action on the Redesignation 

Request and Maintenance Plan SIP 

Revision Including Proposed Approval 

of the 2015 and 2021 NOX and PM2.5

MVEBs for the Northern Kentucky Area. 

X. What is the effect of EPA’s proposed 

actions? 

XI. Statutory and Executive Order Reviews 

I. What are the actions EPA is 

proposing to take? 

In this action, EPA is proposing to 

make a determination that this Area is 

continuing to attain the 1997 Annual 

PM2.5 NAAQS 1 and to take several 

additional actions related to Kentucky’s 

request to redesignate the Northern 

Kentucky Area which are summarized 

as follows and described in greater 

detail throughout this notice of 

proposed rulemaking: (1) To redesignate 

the Northern Kentucky Area portion of 

the Tri-state Cincinnati-Hamilton Area 

to attainment for the 1997 Annual PM2.5

NAAQS; (2) to approve, under CAA 

section 172(c)(3), the emissions 

inventory submitted with the 

maintenance plan for Northern 

Kentucky; and (3) to approve, under 

section 175A of the CAA, the Northern 

Kentucky Area’s 1997 Annual PM2.5

NAAQS maintenance plan into the 

Kentucky SIP, including the associated 

MVEBs. In addition, and related to 

today’s actions, EPA is also notifying 

the public of the status of EPA’s 

adequacy determination for the 

Northern Kentucky Area MVEBs for the 

PM2.5 NAAQS. 

First, EPA proposes to determine that, 

if EPA’s proposed approval of the 2008 

baseline emissions inventory for the 

Northern Kentucky Area is finalized, the 

Area has met the requirements for 

redesignation under section 107(d)(3)(E) 

of the CAA. In this action, EPA is 

proposing to approve a request to 

change the legal designation of Boone, 

Campbell, and Kenton Counties from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. The 

emissions inventory for the Northern 

Kentucky Area is being proposed for 

approval today. 

Second, EPA is proposing to approve 

under the CAA, Kentucky’s 2008 

emissions inventory for the Northern 

Kentucky Area (under CAA section 

172(c)(3)). Kentucky selected 2008 as 

the attainment emissions inventory year 

for the Northern Kentucky Area. This 

attainment inventory identifies a level 

of emissions in the Area that is 

sufficient to attain the 1997 Annual 

PM2.5 NAAQS. 

Third, EPA is proposing to approve 

Kentucky’s 1997 Annual PM2.5 NAAQS 

maintenance plan for the Northern 

Kentucky Area (such approval being one 

of the CAA criteria for redesignation to 

attainment status). Since maintenance of 

the standard in the Northern Kentucky 

Area is based in large part on 

maintaining control of power plant 

emissions, promulgation of the 

Transport Rule, also known as the Cross 

State Air Pollution Rule (CSAPR),2 was 

necessary to make recent reductions in 

power plant emissions (or equivalent 

reductions at other power plants) 

permanent and enforceable. The 

maintenance plan is designed to help 

keep the Northern Kentucky Area in 

attainment of the 1997 Annual PM2.5

NAAQS through 2021. Consistent with 

the CAA, the maintenance plan that 

EPA is proposing to approve today also 

includes NOX and PM2.5 MVEBs for the 

years 2015 and 2021 for the Northern 

Kentucky Area. EPA is proposing to 

approve (into the Kentucky SIP) the 

2015 and 2021 MVEBs that are included 

as part of Kentucky’s maintenance plan 

for the 1997 Annual PM2.5 NAAQS. 

Further, EPA proposes to make the 

determination that the Tri-state 

Cincinnati-Hamilton Area is continuing 

to attain the 1997 Annual PM2.5 NAAQS 

and that all other redesignation criteria 

have been met for the Northern 

Kentucky Area. The bases for EPA’s 

determination for the Area are discussed 

in greater detail below. 

EPA is also notifying the public of the 

status of EPA’s adequacy process for the 

newly-established NOX and PM2.5

MVEBs for 2015 and 2021 for the 

Northern Kentucky Area. The adequacy 

comment period for the Northern 

Kentucky Area MVEBs began on 

February 14, 2011, with EPA’s posting 

of the availability of this submittal on 

EPA’s Adequacy Web site (http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm). The Adequacy 

comment period for these MVEBs closed 

on March 16, 2011. No adverse 

comments were received during the 

Adequacy public comment period. 

Please see section VIII of this proposed 

rulemaking for further explanation of 

this process and for more details on the 

MVEBs. 

Today’s notice of proposed 

rulemaking is in response to Kentucky’s 

January 27, 2011, SIP submittal, which 

requests redesignation of the Northern 

Kentucky Area portion of the Tri-state 

Cincinnati-Hamilton Area to attainment 

for the 1997 Annual PM2.5 NAAQS and 

addresses the specific issues 

summarized above and the necessary 

elements for redesignation described in 

section 107(d)(3)(E) of the CAA. 

II. What is the background for EPA’s 

proposed actions? 

Fine particle pollution can be emitted 

directly or formed secondarily in the 

atmosphere. The main precursors of 

PM2.5 are sulfur dioxide (SO2), NOX, 

ammonia and volatile organic 

compounds (VOCs). Unless otherwise 

noted by the State or EPA, ammonia and 

VOCs are presumed to be insignificant 

contributors to PM2.5 formation, 

whereas SO2 and NOX are presumed to 

be significant contributors to PM2.5

formation. Sulfates are a type of 

secondary particle formed from SO2

emissions of power plants and 

industrial facilities. Nitrates, another 

common type of secondary particle, are 

formed from NOX emissions of power 

plants, automobiles, and other 

combustion sources. 

On July 18, 1997, EPA promulgated 

the first air quality standards for PM2.5. 

EPA promulgated an annual standard at 

a level of 15 micrograms per cubic meter 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations. In 

the same rulemaking, EPA promulgated 

a 24-hour standard of 65 mg/m3, based 

on a 3-year average of the 98th 

percentile of 24-hour concentrations. On 

October 17, 2006, at 71 FR 61144, EPA 

retained the annual average NAAQS at 

15 mg/m3 but revised the 24-hour 

NAAQS to 35 mg/m3, based again on the 

3-year average of the 98th percentile of 

24-hour concentrations.3 Under EPA 

regulations at 40 CFR part 50, the 

primary and secondary 1997 Annual 

PM2.5 NAAQS are attained when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 


jlentini on DSK4TPTVN1PROD with PROPOSALS
65460 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

CFR part 50, Appendix N, is less than 

or equal to 15.0 mg/m3 at all relevant 

monitoring sites in the subject area over 

a 3-year period. 

On January 5, 2005, at 70 FR 944, and 

supplemented on April 14, 2005, at 70 

FR 19844, EPA designated the Tri-state 

Cincinnati-Hamilton Area as 

nonattainment for the 1997 PM2.5

NAAQS. In that action, EPA defined the 

1997 PM2.5 Cincinnati-Hamilton Area to 

include Boone, Campbell, and Kenton 

Counties in Kentucky, Butler, Clermont, 

Hamilton, and Warren Counties in Ohio, 

and a portion of Dearborn Country 

containing the Lawrenceburg Township 

in Indiana. On November 13, 2009, at 74 

FR 58688, EPA promulgated 

designations for the 24-hour standard 

established in 2006, designating the Tristate Cincinnati-Hamilton Area as 

attainment for this NAAQS. That action 

clarified that the Tri-state CincinnatiHamilton Area was classified 

unclassifiable/attainment for the 24- 

hour NAAQS promulgated in 1997. EPA 

did not promulgate designations for the 

annual average NAAQS promulgated in 

2006, since the NAAQS was essentially 

identical to the annual NAAQS 

promulgated in 1997. Therefore, the Tristate Cincinnati-Hamilton Area is 

designated nonattainment for the annual 

NAAQS promulgated in 1997, and 

today’s action only addresses this 

designation. 

All 1997 PM2.5 NAAQS areas were 

designated under subpart 1 of title I, 

part D, of the CAA. Subpart 1 contains 

the general requirements for 

nonattainment areas for any pollutant 

governed by a NAAQS and is less 

prescriptive than the other subparts of 

title I, part D. On April 25, 2007, at 72 

FR 20664, EPA promulgated its PM2.5

Implementation Rule, codified at 40 

CFR part 51, subpart Z, in which the 

Agency provided guidance for state and 

Tribal plans to implement the 1997 

PM2.5 NAAQS. This rule, at 40 CFR 

51.1004(c), specifies some of the 

regulatory consequences of attaining the 

NAAQS, as discussed below. 

On May 12, 2005, EPA published the 

Clean Air Interstate Rule (CAIR), which 

addressed the interstate transport 

requirements of the CAA and required 

states to significantly reduce SO2 and 

NOX emissions from power plants (70 

FR 25162). The associated Federal 

Implementation Plans (FIPs) were 

published on April 28, 2006 (71 FR 

25328). However, on July 11, 2008, the 

DC Circuit Court issued its decision to 

vacate and remand both CAIR and the 

associated CAIR FIPs in their entirety 

(North Carolina v. EPA, 531 F.3d 836 

(DC Cir., 2008)). EPA petitioned for 

rehearing, and the Court issued an order 

remanding CAIR to EPA without 

vacating either CAIR or the CAIR FIPs 

(North Carolina v. EPA, 550 F.3d 1176 

(DC Cir., 2008)). The Court left CAIR in 

place to ‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaces it with a rule 

consistent with the Court’s opinion (id. 

at 1178). The Court directed EPA to 

‘‘remedy CAIR’s flaws’’ consistent with 

its July 11, 2008, opinion but declined 

to impose a schedule on EPA for 

completing that action (id). As a result 

of these court rulings, the power plant 

emission reductions that resulted solely 

from the development, promulgation, 

and implementation of CAIR, and the 

associated contribution to air quality 

improvement that occurred solely as a 

result of CAIR in the Northern Kentucky 

Area could not be considered to be 

permanent. 

On August 8, 2011, EPA published 

the Cross State Air Pollution Rule 

(CSAPR) in the Federal Register under 

the title, ‘‘Federal Implementation Plans 

to Reduce Interstate Transport of Fine 

Particulate Matter and Ozone in 27 

States; Correction of SIP Approvals for 

22 States’’ (76 FR 48208, August 8, 

2011) to address interstate transport of 

emissions and resulting secondary air 

pollutants and to replace CAIR. The 

CAIR emission reduction requirements 

limit emissions in Kentucky and states 

upwind of Kentucky through 2011, and 

the CSAPR requires similar or greater 

reductions in the relevant areas in 2012 

and beyond. The emission reductions 

that the CSAPR mandates may be 

considered to be permanent and 

enforceable. In turn, the air quality 

improvement in the Northern Kentucky 

Area that has resulted from electric 

generating units emission reductions 

associated with CAIR (as well as the 

additional air quality improvement that 

would be expected to result from full 

implementation of the CSAPR) may also 

be considered to be permanent and 

enforceable. EPA proposes that the 

requirement in section 107(d)(3)(E)(iii) 

has now been met because the emission 

reduction requirements of CAIR address 

emissions through 2011 and EPA has 

now promulgated CSAPR which 

requires similar or greater reductions in 

the relevant areas in 2012 and beyond. 

Because the emission reduction 

requirements of CAIR are enforceable 

through the 2011 control period, and 

because CSAPR has now been 

promulgated to address the 

requirements previously addressed by 

CAIR and gets similar or greater 

reductions in the relevant areas in 2012 

and beyond, EPA is proposing to 

determine that the emission reductions 

that led to attainment in the Northern 

Kentucky Area can now be considered 

permanent and enforceable. Therefore, 

EPA proposes to find that the transport 

requirement of CAA section 

107(d)(3)(E)(iii) has been met for the 

Northern Kentucky Area. 

The 3-year ambient air quality data for 

2007–2009 indicated no violations of 

the 1997 PM2.5 NAAQS for the Tri-state 

Cincinnati-Hamilton Area. As a result, 

on January 27, 2011, Kentucky 

requested redesignation of the Northern 

Kentucky Area to attainment for the 

1997 Annual PM2.5 NAAQS. The 

redesignation request included three 

years of complete, quality-assured 

ambient air quality data for the 1997 

Annual PM2.5 NAAQS for 2007–2009, 

indicating that the 1997 PM2.5 NAAQS 

had been achieved for the entire Tristate Cincinnati-Hamilton Area. Under 

the CAA, nonattainment areas may be 

redesignated to attainment if sufficient, 

complete, quality-assured data is 

available for the Administrator to 

determine that the area has attained the 

standard and the area meets the other 

CAA redesignation requirements in 

section 107(d)(3)(E). From 2007 through 

the present, the annual PM2.5 design 

values for the Tri-state CincinnatiHamilton Area have declined. While 

annual PM2.5 concentrations are 

dependent on a variety of conditions, 

the overall downtrend in annual PM2.5

concentrations in the Tri-state 

Cincinnati-Hamilton Area can be 

attributed to the reduction of emissions, 

as will be discussed in more detail in 

section V of this proposed rulemaking. 

III. What are the criteria for 

redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation provided the following 

criteria are met: (1) The Administrator 

determines that the area has attained the 

applicable NAAQS; (2) the 

Administrator has fully approved the 

applicable implementation plan for the 

area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and (5) the state containing such 

area has met all requirements applicable 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65461 

to the area under section 110 and part 

D of title I of the CAA. 

EPA has provided guidance on 

redesignation in the General Preamble 

for the Implementation of title I of the 

CAA Amendments of 1990 (April 16, 

1992, 57 FR 13498, and supplemented 

on April 28, 1992, 57 FR 18070) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (hereafter referred to as the 

‘‘Calcagni Memorandum’’); 

2. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; and 

3. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

IV. Why is EPA proposing these 

actions? 

On January 27, 2011, the 

Commonwealth of Kentucky, through 

DAQ, requested the redesignation of the 

Northern Kentucky Area to attainment 

for the 1997 Annual PM2.5 NAAQS. 

EPA’s preliminary evaluation indicates 

that the Tri-state Cincinnati-Hamilton 

Area has attained the 1997 Annual 

PM2.5 NAAQS and has met the 

requirements for redesignation set forth 

in section 107(d)(3)(E), including the 

maintenance plan requirements under 

section 175A of the CAA. Additionally, 

EPA is proposing to approve the 2008 

baseline emission inventory under 

section 172(c)(3) because Kentucky has 

used methodology consistent with EPA 

guidance and implementing regulations 

to develop this inventory. EPA is also 

announcing the status of its adequacy 

determination for both the NOX and 

PM2.5 MVEBs for 2015 and 2021, which 

are relevant to the requested 

redesignation. 

V. What is EPA’s analysis of the 

request? 

As stated above, in accordance with 

the CAA, EPA proposes in today’s 

action to: (1) Redesignate the Northern 

Kentucky Area to attainment for the 

1997 Annual PM2.5 NAAQS; (2) approve 

the Northern Kentucky Area emissions 

inventory submitted with the 

maintenance plan; and (3) approve into 

the Kentucky SIP, the Northern 

Kentucky’s 1997 Annual PM2.5 NAAQS 

maintenance plan, including the 

associated MVEBs. These actions are 

based upon EPA’s determination that 

the Tri-state Cincinnati-Hamilton Area 

continues to attain the 1997 Annual 

PM2.5 NAAQS and that all other 

redesignation criteria have been met for 

the Northern Kentucky Area, provided 

EPA approves the emissions inventory 

submitted with the maintenance plan. 

The five redesignation criteria provided 

under CAA section 107(d)(3)(E) are 

discussed in greater detail for the Area 

in the following paragraphs of this 

section. 

As stated above, in accordance with 

the CAA, EPA proposes to make the 

determination that the Tri-state 

Cincinnati-Hamilton Area is continuing 

to attain the 1997 Annual PM2.5 NAAQS 

and that all other redesignation criteria 

have been met for the Northern 

Kentucky Area. The bases for EPA’s 

determination for the Area are discussed 

in greater detail below. 

Criteria (1)—The Tri-state CincinnatiHamilton Area Has Attained the 1997 

Annual PM2.5 NAAQS 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). EPA is 

proposing to determine that the Tri-state 

Cincinnati-Hamilton Area continues to 

attain the 1997 Annual PM2.5 NAAQS. 

For PM2.5, an area may be considered to 

be attaining the 1997 Annual PM2.5

NAAQS if it meets the 1997 Annual 

PM2.5 NAAQS, as determined in 

accordance with 40 CFR 50.13 and 

Appendix N of part 50, based on three 

complete, consecutive calendar years of 

quality-assured air quality monitoring 

data. To attain these NAAQS, the 3-year 

average of the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 mg/m3 at all relevant monitoring 

sites in the subject area over a 3-year 

period. The relevant data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA Air Quality System 

(AQS). The monitors generally should 

have remained at the same location for 

the duration of the monitoring period 

required for demonstrating attainment. 

On September 29, 2011, at 76 FR 

60373, EPA finalized a determination 

that the Tri-state Cincinnati-Hamilton 

Area was attaining the 1997 PM2.5

NAAQS, and that this Area attained the 

1997 PM2.5 NAAQS by its applicable 

attainment date of April 5, 2011. For 

that action EPA reviewed PM2.5

monitoring data from monitoring 

stations in the Tri-state CincinnatiHamilton Area for the 1997 Annual 

PM2.5 NAAQS for 2007–2009. The 

public was provided a 30-day comment 

period to review and provide comment 

to EPA on the analysis of this data. EPA 

did not receive any comments, adverse 

or otherwise, on the Agency’s 

determination that the Area had 

attaining data for the period of 2007– 

2009, and continued to have attaining 

data through the finalization of EPA’s 

proposal in September 2011. As such, 

EPA is not seeking additional comment 

in today’s action regarding this data. As 

noted in EPA’s September 29, 2011, 

action these data were quality-assured 

and recorded in AQS. The annual mean 

of the PM2.5 concentrations for 2007– 

2010 and the 3-year average of these 

values (i.e., design values) are 

summarized in Table 1. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE TRI-STATE CINCINNATI-HAMILTON AREA FOR THE 1997 ANNUAL

PM2.5 NAAQS (μG/M3) 

Location County Monitor ID 

Annual mean concentrations 3-Year design values 

2007 2008 2009 2010 2 2007–2009 2008–2010 4

John Hill .............. Campbell, KY ...... 21–037–3002 14.36 11.83 11.34 11.8 12.3 11.6 

Dixie .................... Kenton, KY ......... 21–117–0007 14.20 11.99 11.04 * 12.1 12.4 11.5 

Bonita & St John Butler, OH ........... 39–017–0003 15.40 13.80 12.83 13.6 13.9 13.4 

Nilles ................... Butler, OH ........... 39–017–0016 14.94 13.75 13.08 13.5 13.8 13.4 

Hook Field ........... Butler, OH ........... 39–017–1004 14.62 n/a n/a n/a 14.6 n/a 

Clermont Center Clermont, OH ...... 39–025–0022 14.01 11.75 11.01 12.0 12.2 11.6 

Grooms ............... Hamilton, OH ...... 39–061–0006 14.63 12.48 12.11 * 12.7 13.1 12.4 

Seymour & Vine .. Hamilton, OH ...... 39–061–0014 16.59 15.06 13.38 14.8 15.0 14.4 


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5On October 27, 1998 (63 FR 57356), EPA issued 

a NOX SIP Call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. In compliance with EPA’s NOX SIP Call, 

Kentucky developed rules governing the control of 

NOX emissions from EGUs, major non-electric 

generating units (EGU) industrial boilers, major 

cement kilns, and internal combustion engines. 

EPA approved Kentucky’s rules as fulfilling Phase 

I and Phase II of the NOX SIP Call on October 23, 

2009 (74 FR 54755). 

6On May 12, 2005 (70 FR 25162), EPA 

promulgated CAIR which required 28 upwind 

States and the District of Columbia to revise their 

SIPs to include control measures that would reduce 

emissions of SO2 and NOX. Various aspects of CAIR 

rule were petitioned in court and on December 23, 

2008, the U.S. Court of Appeals for the District of 

Columbia Circuit remanded CAIR to EPA (see North 

Carolina v. EPA, 550 F.3d 1176 (DC Cir., December 

2008)) which left CAIR in place to ‘‘temporarily 

preserve the environmental values covered by 

CAIR’’ until EPA replaces it with a rule consistent 

with the Court’s ruling. The Court directed EPA to 

remedy various areas of the rule that were 

petitioned consistent with its July 11, 2008 (see 

North Carolina v. EPA,531 F.3d 836 (DC Cir., July 

11, 2008)), opinion, but declined to impose a 

schedule on EPA for completing that action. Id. 

Therefore, CAIR is currently in effect in Kentucky. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE TRI-STATE CINCINNATI-HAMILTON AREA FOR THE 1997 ANNUAL

PM2.5 NAAQS (μG/M3)—Continued 

Location County Monitor ID 

Annual mean concentrations 3-Year design values 

2007 2008 2009 2010 2 2007–2009 2008–2010 4

WM. Howard Taft Hamilton, OH ...... 39–061–0040 15.09 12.62 12.73 13.3 13.4 12.9 

W. 8th ................. Hamilton, OH ...... 36–061–0042 15.90 14.40 13.71 14.5 14.6 14.2 

E. Kemper ........... Hamilton, OH ...... 36–061–0043 14.85 13.32 n/a n/a 14.1 n/a 

Sherman ............. Hamilton, OH ...... 39–061–7001 15.09 13.74 12.97 14.1 14.0 13.6 

Murray ................. Hamilton, OH ...... 39–016–8001 16.07 14.40 13.40 * 17.6 14.6 n/a 

Southeast ............ Warren, OH ........ 39–165–0007 13.98 11.92 11.70 11.9 12.4 11.8 

* Design value does not meet data completeness requirements due to closure or start-up of the monitoring stations. 

4The preliminary PM2.5 ambient air quality data for 2010 for the Tri-state Cincinnati-Hamilton Area indicates that the Area is attaining the 

NAAQS with all 2008–2010 design values below the NAAQS of 15.0 μg/m3. 

As discussed above, the design value 

for an area is the highest annual mean 

concentration recorded at any monitor 

in the area for a 3-year period. 

Therefore, the 3-year design value 

(2007–2009) submitted by Kentucky for 

redesignation of the Tri-state CincinnatiHamilton Area is 15.0 mg/m3, which 

meets the NAAQS as described above. 

Several of the above monitoring sites do 

not meet the 75 percent completeness 

criteria. In these cases, operation of the 

monitoring sites were started or shutdown during the 2007–2010 timeframe. 

Additional details can be found in 

EPA’s final clean data determination for 

the Tri-state Cincinnati-Hamilton Area 

(76 FR 60373). EPA has reviewed more 

recent preliminary data which indicates 

that the Tri-state Cincinnati-Hamilton 

Area continues to attain the 1997 PM2.5

NAAQS beyond the submitted 3-year 

attainment period of 2007–2009. The 

design value for the most recent 3-year 

period of 2008–2010 will be certified by 

the time EPA takes final action on this 

proposed rule.2 At that time, EPA will 

again ensure that current air quality data 

demonstrates that the Tri-state 

Cincinnati-Hamilton Area is continuing 

to meet the 1997 Annual PM2.5 NAAQS. 

If the Area does not continue to attain 

before EPA finalizes the redesignation, 

EPA will not go forward with the 

redesignation. As discussed in more 

detail below, the Commonwealth of 

Kentucky has committed to continue 

monitoring in this Area in accordance 

with 40 CFR part 58. 

Criteria (5)—Kentucky has met all 

Applicable Requirements under Section 

110 and part D of the CAA; and Criteria 

(2)—Kentucky has a fully approved SIP 

under section 110(k) for the Northern 

Kentucky Area 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the state has met 

all applicable requirements under 

section 110 and part D of title I of the 

CAA (CAA section 107(d)(3)(E)(v)) and 

that the state has a fully approved SIP 

under section 110(k) for the area (CAA 

section 107(d)(3)(E)(ii)). EPA proposes 

to find that Kentucky has met all 

applicable SIP requirements for the 

Northern Kentucky Area under section 

110 of the CAA (general SIP 

requirements) for purposes of 

redesignation. Additionally, EPA 

proposes to find that the Kentucky SIP 

satisfies the criterion that it meet 

applicable SIP requirements for 

purposes of redesignation under part D 

of title I of the CAA (requirements 

specific to 1997 Annual PM2.5

nonattainment areas) in accordance 

with section 107(d)(3)(E)(v). Further, 

EPA proposes to determine that the SIP 

is fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with 

section 107(d)(3)(E)(ii). In making these 

determinations, EPA ascertained which 

requirements are applicable to the Area 

and, if applicable, that they are fully 

approved under section 110(k). SIPs 

must be fully approved only with 

respect to requirements that were 

applicable prior to submittal of the 

complete redesignation request. 

a. The Northern Kentucky Area Has Met 

all Applicable Requirements Under 

Section 110 and Part D of the CAA 

General SIP requirements. Section 

110(a)(2) of title I of the CAA delineates 

the general requirements for a SIP, 

which include enforceable emissions 

limitations and other control measures, 

means, or techniques; provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality; and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: Submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(New Source Review (NSR) permit 

programs); provisions for air pollution 

modeling; and provisions for public and 

local agency participation in planning 

and emission control rule development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the interstate transport of air pollutants 

(e.g., NOX SIP Call,5 CAIR,6 and the 

CSAPR). The section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 


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state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that the CAA’s interstate 

transport requirements should be 

construed to be applicable requirements 

for purposes of redesignation. However, 

as discussed later in this notice, 

addressing pollutant transport from 

other states is an important part of an 

area’s maintenance demonstration. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity and 

oxygenated fuels requirements, as well 

as with section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Loraine, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati, Ohio, 

redesignation (65 FR 37890, June 19, 

2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 

50399, October 19, 2001). 

EPA has not yet completed 

rulemaking on a submittal from 

Kentucky dated August 26, 2008, 

addressing ‘‘infrastructure SIP’’ 

elements required under the Clean Air 

Act (CAA or ‘‘the Act’’) section 110(a)(2) 

for the 1997 PM2.5 NAAQS. However, 

these are statewide requirements that 

are not a consequence of the 

nonattainment status of the Northern 

Kentucky Area. EPA believes that 

section 110 elements not linked to an 

area’s nonattainment status are not 

applicable for purposes of 

redesignation. See the Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996 and 62 FR 24826, May 

7, 1997), the Cleveland-Akron-Loraine, 

Ohio, final rulemaking (61 FR 20458, 

May 7, 1996), and the Tampa, Florida, 

final rulemaking (60 FR 62748, 

December 7, 1995). Therefore, 

notwithstanding the fact that EPA has 

not yet completed rulemaking on 

Kentucky’s submittal for the PM2.5

infrastructure SIP elements of section 

110(a)(2), EPA believes it has approved 

all SIP elements that must be approved 

as a prerequisite for the redesignation to 

attainment of the Northern Kentucky 

Area. 

Title I, Part D requirements. EPA 

proposes that with approval of 

Kentucky’s base year emissions 

inventory, which is part of the 

maintenance plan submittal, the 

Kentucky SIP will meet applicable SIP 

requirements under part D of title I of 

the CAA. As discussed in greater detail 

below, EPA believes the emissions 

inventory is approvable because the 

2008 direct PM2.5, SO2, and NOX

emissions for Kentucky were developed 

consistent with EPA guidance for 

emissions inventories and represent a 

comprehensive, accurate and current 

inventory as required by section 

172(c)(3). 

Part D, subpart 1 applicable SIP 

requirements. EPA has determined that 

if the approval of the base year 

emissions inventories, discussed in 

section IX of this rulemaking, is 

finalized, the Kentucky SIP will meet 

the applicable SIP requirements for the 

Northern Kentucky Area for purposes of 

redesignation under part D of the CAA. 

Subpart 1 of part D, found in sections 

172–176 of the CAA, sets for the basic 

nonattainment requirements applicable 

to all nonattainment areas. All areas that 

were designated nonattainment for the 

1997 Annual PM2.5 NAAQS were 

designated under subpart 1 of the CAA. 

The applicable subpart 1 requirements 

are contained in sections 172(c)(1)–(9) 

and in section 176. 

For purposes of evaluating this 

redesignation request, the applicable 

part D, subpart 1 SIP requirements for 

all nonattainment areas are contained in 

sections 172(c)(1)–(9) and in section 

176. A thorough discussion of the 

requirements contained in section 172 

can be found in the General Preamble 

for Implementation of title I (57 FR 

13498, April 16, 1992). 

Subpart 1 Section 172 Requirements. 

Section 172(c)(1) requires the plans for 

all nonattainment areas to provide for 

the implementation of all reasonably 

available control measures (RACM) as 

expeditiously as practicable and to 

provide for attainment of the NAAQS. 

EPA interprets this requirement to 

impose a duty on all nonattainment 

areas to consider all available control 

measures and to adopt and implement 

such measures as are reasonably 

available for implementation in each 

area as components of the area’s 

attainment demonstration. Under 

section 172, states with nonattainment 

areas must submit plans providing for 

timely attainment and meeting a variety 

of other requirements. However, 

pursuant to 40 CFR 51.1004(c), EPA’s 

final determination that the Tri-state 

Cincinnati-Hamilton Area was attaining 

the PM2.5 standard suspended 

Kentucky’s obligation to submit most of 

the attainment planning requirements 

that would otherwise apply. 

Specifically, the determination of 

attainment suspended Kentucky’s 

obligation to submit an attainment 

demonstration and planning SIPs to 

provide for reasonable further progress 

(RFP), RACM, and contingency 

measures under section 172(c)(9). 

The General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992) also discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining a standard (General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992)). 

Because attainment has been reached 

in the Tri-state Cincinnati Area, no 

additional measures are needed to 

provide for attainment, and section 

172(c)(1) requirements for an attainment 

demonstration and RACM are no longer 

considered to be applicable for purposes 

of redesignation as long as the Area 

continues to attain the standard until 

redesignation. See also 40 CFR 

51.1004(c). 

The RFP plan requirement under 

section 172(c)(2) is defined as progress 

that must be made toward attainment. 

This requirement is not relevant for 

purposes of redesignation because EPA 

has determined that the Tri-state 

Cincinnati-Hamilton Area, which 

includes the Northern Kentucky Area, 

has monitored attainment of the 1997 

Annual PM2.5 NAAQS. See General 

Preamble, 57 FR 13564. See also 40 CFR 

51.1004(c). In addition, because the Tristate Cincinnati-Hamilton Area has 

attained the 1997 Annual PM2.5 NAAQS 

and is no longer subject to a RFP 

requirement, the requirement to submit 

the section 172(c)(9) contingency 

measures is not applicable for purposes 

of redesignation. Id. 

Section 172(c)(3) requires submission 

and approval of a comprehensive, 

accurate, and current inventory of actual 


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7CAA Section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from the motor vehicle 

emission budgets that are established in control 

strategy SIPs and maintenance plans. 

emissions. As part of Kentucky’s 

redesignation request for the Northern 

Kentucky Area, Kentucky submitted a 

2008 base year emissions inventory. As 

discussed below in section VIII, EPA is 

proposing to approve the 2008 base year 

inventory submitted with the 

redesignation request as meeting the 

section 172(c)(3) emissions inventory 

requirement. 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources to be 

allowed in an area, and section 172(c)(5) 

requires source permits for the 

construction and operation of new and 

modified major stationary sources 

anywhere in the nonattainment area. 

EPA has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ Kentucky 

has demonstrated that the Northern 

Kentucky Area will be able to maintain 

the NAAQS without part D NSR in 

effect, and therefore Kentucky need not 

have fully approved part D NSR 

programs prior to approval of the 

redesignation request. Nonetheless, 

Kentucky currently has a fully-approved 

part D NSR program in place. 

Kentucky’s PSD program will become 

effective in the Northern Kentucky Area 

upon redesignation to attainment. 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the NAAQS. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, EPA 

believes the Kentucky SIP meets the 

requirements of section 110(a)(2) 

applicable for purposes of 

redesignation. 

176 Conformity Requirements. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that federallysupported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other federallysupported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA believes it is reasonable to 

interpret the conformity SIP 

requirements 7 as not applying for 

purposes of evaluating the redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and federal 

conformity rules apply where state rules 

have not been approved. See Wall v. 

EPA, 265 F.3d 426 (upholding this 

interpretation)(6th Cir. 2001); see also 

60 FR 62748 (December 7, 1995, Tampa, 

Florida). Thus, the Northern Kentucky 

Area has satisfied all applicable 

requirements for purposes of 

redesignation under section 110 and 

part D of the CAA. 

b. The Northern Kentucky Area Has a 

Fully Approved Applicable SIP Under 

Section 110(k) of the CAA 

If EPA issues a final approval of the 

base year emissions inventories, EPA 

will have fully approved the applicable 

Kentucky SIP for the Northern Kentucky 

Area for the 1997 Annual PM2.5

nonattainment area under section 110(k) 

of the CAA for all requirements 

applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall, 265 F.3d 426) plus any 

additional measures it may approve in 

conjunction with a redesignation action 

(see 68 FR 25426 (May 12, 2003) and 

citations therein). Following passage of 

the CAA of 1970, Kentucky has adopted 

and submitted, and EPA has fully 

approved at various times, provisions 

addressing the various SIP elements 

applicable for the 1997 Annual PM2.5

NAAQS in the Northern Kentucky Area 

(65 FR 37879, June 19, 2000). 

As indicated above, EPA believes that 

the section 110 elements not connected 

with nonattainment plan submissions 

and not linked to the area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. In addition, EPA believes 

that since the part D subpart 1 

requirements did not become due prior 

to submission of the redesignation 

request, they are also not applicable 

requirements for purposes of 

redesignation. Sierra Club v. EPA, 375 

F.3d 537 (7th Cir. 2004); 68 FR 25424, 

25427 (May 12, 2003) (redesignation of 

the St. Louis-East St. Louis Area to 

attainment of the 1-hour ozone 

NAAQS). With the approval of the 

emissions inventory, EPA will have 

approved all Part D subpart 1 

requirements applicable for purposes of 

this redesignation. 

Criteria (3)—The Air Quality 

Improvement in the Kentucky Portion of 

the Tri-State Cincinnati-Hamilton Area 

1997 Annual PM2.5 NAAQS 

Nonattainment Area Is Due to 

Permanent and Enforceable Reductions 

in Emissions Resulting From 

Implementation of the SIP and 

Applicable Federal Air Pollution 

Control Regulations and Other 

Permanent and Enforceable Reductions 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable federal air pollution control 

regulations and other permanent and 

enforceable reductions (CAA section 

107(d)(3)(E)(iii)). EPA believes that 

Kentucky has demonstrated that the 

observed air quality improvement in the 

Northern Kentucky Area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP, federal 

measures, and other state adopted 

measures. 

Fine particulate matter, or PM2.5, 

refers to airborne particles less than or 

equal to 2.5 micrometers in diameter. 

Although treated as a single pollutant, 

fine particles come from many different 

sources and are composed of many 

different compounds. One of the largest 

components of PM2.5 is sulfate, which is 

formed through various chemical 

reactions from the precursor SO2. The 

other major component of PM2.5 is 

organic carbon, which originates 

predominantly from biogenic emission 

sources. Nitrate, which is formed from 

the precursor NOX, is also a component 

of PM2.5. Crustal materials from 

windblown dust and elemental carbon 

from combustion sources are less 

significant contributors to total PM2.5. 


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8 Data reflects reported actual emissions from the 

Clean Air Markets Division Database http:// 

camddataandmaps.epa.gov/gdm/ index.cfm?fuseaction=emissions.wizard. Data is not 

normalized for output. 

State and federal measures enacted in 

recent years have resulted in permanent 

emission reductions. Most of these 

emission reductions are enforceable 

through regulations. A few nonregulatory measures also result in 

emission reductions. The federal 

measures that have been implemented 

include: 

Tier 2 vehicle standards. In addition 

to requiring NOX controls, the Tier 2 

rule reduced the allowable sulfur 

content of gasoline to 30 parts per 

million (ppm) starting in January of 

2006. Most gasoline sold prior to this 

had a sulfur content of approximately 

300 ppm. 

Heavy-duty gasoline and diesel 

highway vehicle standards. The second 

phase of the standards and testing 

procedures, which began in 2007, 

reduces particulate matter (PM) and 

NOX from heavy-duty highway engines 

and also reduces highway diesel fuel 

sulfur content to 15 ppm. The total 

program is expected to achieve a 90 and 

95 percent reduction in PM and NOX

emissions from heavy-duty highway 

engines, respectively. 

Nonroad spark-ignition engines and 

recreational engines standards. Tier 1 of 

this standard, implemented in 2004, and 

Tier 2, implemented in 2007, have 

reduced and will continue to reduce PM 

emissions. 

Large nonroad diesel engine 

standards. Promulgated in 2004, this 

rule is being phased in between 2008 

and 2014. This rule will reduce sulfur 

content in nonroad diesel fuel and, 

when fully implemented, will reduce 

NOX and direct PM2.5 emissions by over 

90 percent from these engines. 

NOX SIP Call. On October 27, 1998 

(63 FR 57356), EPA issued a NOX SIP 

Call requiring the District of Columbia 

and 22 states to reduce emissions of 

NOX. Affected states were required to 

comply with Phase I of the SIP Call 

beginning in 2004, and Phase II 

beginning in 2007. Emission reductions 

resulting from regulations developed in 

response to the NOX SIP Call are 

permanent and enforceable. 

CAIR and the Cross-State Air 

Pollution Rule (CSAPR). As previously 

discussed, the remanded CAIR, 

originally promulgated to reduce 

transported pollution, was left in place 

to ‘‘temporarily preserve the 

environmental values covered by CAIR’’ 

until EPA replaced it with a rule 

consistent with the Court’s opinion. To 

remedy CAIR’s flaws, EPA promulgated 

the final CSAPR on August 8, 2011. 

CSAPR addresses the interstate 

transport requirements of the CAA with 

respect to the 1997 ozone, 1997 PM2.5 

and 2006 PM2.5 NAAQS. As noted 

previously, the requirements of CAIR 

address emissions thru the 2011 control 

period and CSAPR requires similar or 

greater emission reductions in the 

relevant areas in 2012 and beyond. 

The state measures that have been 

implemented to date and relied upon by 

Kentucky to demonstrate attainment 

and/or maintenance include NOX SIP 

Call regulations, open burning bans, and 

fugitive emissions standards. 

EPA believes that PM2.5 and PM2.5

precursor reductions in and around the 

Tri-state Cincinnati-Hamilton Area have 

contributed to improved air quality. The 

majority of the improvement in ambient 

PM2.5 concentrations has resulted from 

reductions in emissions from coal fired 

power plants. In addition, local controls 

of NOX and SO2 installed on Unit 2 of 

the Duke Energy East Bend coal fired 

utility plant in the Boone County have 

decreased emissions by approximately 

38 and 53 percent, for NOX and SO2

respectively, between 2005 and 2009. 

These reductions, prompted by the NOX

SIP Call and CAIR, included upgrades to 

flue gas desulfurization system in 

response to CAIR and selective catalytic 

reduction (SCR) system installation as a 

result of the NOX SIP Call. A summary 

of the emissions reductions from 2005 

to 2009 is for the entire Tri-state 

Cincinnati Hamilton Area is provided in 

Table 2. EPA’s analysis shows that 

reductions of SO2 and NOX emissions, 

in tons per year (tpy) are greater than 

decreases in emissions that could be 

attributed to any decreases in electrical 

demand in the Tri-state CincinnatiHamilton Area. These reductions are 

permanent and enforceable through the 

NOX SIP Call and CSAPR. 

TABLE 2—SUMMARY OF EMISSIONS REDUCTIONS FROM COAL FIRED UTILITIES IN THE TRI-STATE CINCINNATI-HAMILTON

AREA 8

Facility—county Emissions difference from 

2005–2009 

(tpy) 

SO2 Percent 

reduction NOX Percent 

reduction 

Kentucky 

East Bend—Boone Co ............................................................................................. 1,942 53 1,516 38 

Indiana 

Tanners Creek—Dearborn Co ................................................................................. 30,091 65 4,432 56 

Ohio 

Miami Fort—Hamilton Co ......................................................................................... 52,243 67 10,927 72 

W.H. Zimmer—Clermont Co .................................................................................... 8,095 36 11,507 76 

Walter C. Beckjord—Clermont Co ........................................................................... 24,982 37 2,065 16 

Because PM 2.5 concentrations in the 

Cincinnati-Hamilton area are impacted 

by the transport of sulfates and nitrates, 

the area’s air quality is affected by 

regulation of SO2 and NOX emissions 

from power plants. Table 3, below, 

presents statewide EGU emissions data 

compiled by EPA’s Clean Air Markets 

Division for the years 2002 and 2008. 

Emissions for 2008 reflect 

implementation of CAIR. 


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TABLE 3—COMPARISON OF 2002 AND 2008 STATEWIDE EGU NOX AND SO2 EMISSIONS (TPY) FOR STATES IMPACTING

THE CINCINNATI-HAMILTON AREA

State 

NOX SO2

2002 2008 Net change 

2002–2008 2002 2008 Net change 2002–2008 

Alabama ................................................... 161,559 112,625 ¥48,934 448,248 357,546 ¥90,702 

Illinois ....................................................... 174,247 119,930 ¥54,317 353,699 257,357 ¥96,342 

Indiana ..................................................... 281,146 190,092 ¥91,054 778,868 565,459 ¥213,409 

Kentucky .................................................. 198,599 157,903 ¥40,696 482,653 344,356 ¥138,297 

Michigan ................................................... 132,623 107,624 ¥25,000 342,999 326,501 ¥16,498 

Missouri .................................................... 139,799 88,742 ¥51,057 235,532 258,269 22,737 

Ohio .......................................................... 370,497 235,049 ¥135,448 1,132,069 709,444 ¥422,625 

Pennsylvania ............................................ 200,909 183,658 ¥17,251 889,766 831,915 ¥57,851 

Tennessee ............................................... 155,996 85,641 ¥70,356 336,995 208,069 ¥128,926 

West Virginia ............................................ 225,371 99,484 ¥125,887 507,110 301,574 ¥205,536 

Wisconsin ................................................. 88,970 47,794 ¥41,175 191,257 129,694 ¥61,563 

Total .................................................. 2,129,716 1,428,541 ¥701,175 5,699,195 4,290,184 ¥1,409,011 

Table 3 shows that states impacting 

the Cincinnati-Hamilton area reduced 

NOX and SO2 emissions from EGUs by 

701,175 tons per year (tpy) and 

1,409,011 tpy, respectively, between 

2002 and 2008. In summary, reductions 

of EGU emissions of SO2 and NOX

contributed to the air quality 

improvement in the Tri-state CincinnatiHamilton Area. Given the remanded 

status of CAIR, this air quality 

improvement could not be considered 

permanent at the time DAQ submitted 

its request for redesignation of the 

Northern Kentucky Area. However, 

since that time the CSAPR has been 

finalized, which mandates even greater 

reductions than have already occurred 

under CAIR and, more importantly, 

more reductions than are needed to 

maintain the standard in the Area. 

Therefore, the final promulgation of the 

CSAPR in combination with the other 

measures cited by Kentucky and 

described above, ensure that the 

emission reductions that led the Area to 

attain the 1997 Annual PM2.5 NAAQS 

can be considered permanent and 

enforceable for purposes of section 

107(d)(3)(E)(iii). 

Criteria (4)—The Northern Kentucky 

Area Has a Fully Approved 

Maintenance Plan Pursuant to Section 

175A of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has a 

fully approved maintenance plan 

pursuant to section 175A of the CAA 

(CAA section 107(d)(3)(E)(iv)). In 

conjunction with its request to 

redesignate the Northern Kentucky Area 

to attainment for the 1997 Annual PM2.5

NAAQS, DAQ submitted a SIP revision 

to provide for the maintenance of the 

1997 Annual PM2.5 NAAQS for at least 

10 years after the effective date of 

redesignation to attainment. EPA 

believes this maintenance plan meets 

the requirements for approval under 

section 175A of the CAA. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the 

Commonwealth of Kentucky must 

submit a revised maintenance plan, 

which demonstrates that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, as EPA deems 

necessary, to assure prompt correction 

of any future 1997 Annual PM2.5

violations. The Calcagni Memorandum 

provides further guidance on the 

content of a maintenance plan, 

explaining that a maintenance plan 

should address five requirements: The 

attainment emissions inventory, 

maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. As 

is discussed more fully below, EPA 

finds that the Commonwealth’s 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Kentucky SIP. 

b. Attainment Emissions Inventory 

The Tri-state Cincinnati-Hamilton 

Area attained the 1997 Annual PM2.5

NAAQS based on monitoring data for 

the 3-year period from 2007–2009. The 

Commonwealth selected 2008 as the 

attainment emission inventory year. The 

attainment inventory identifies the level 

of emissions in the Area, which is 

sufficient to attain the 1997 Annual 

PM2.5 NAAQS. The Commonwealth 

began development of the attainment 

inventory by first generating a baseline 

emissions inventory for the Tri-state 

Cincinnati-Hamilton Area. As noted 

above, the year 2008 was chosen as the 

base year for developing a 

comprehensive emissions inventory for 

the primary PM2.5 precursors, SO2 and 

NOX, for which projected emissions 

could be developed for 2011, 2015, 

2018, and 2021. The projected inventory 

included with the maintenance plan 

estimates emissions forward to 2021, 

which is at the 10-year interval required 

in section 175(A) of the CAA. In 

addition to comparing the final year of 

the plan, Kentucky compared interim 

years to the 2008 baseline to 

demonstrate that these years are also 

expected to show continued 

maintenance of the annual fine 

particulate matter standard. 

The emissions inventories are 

composed of four major types of 

sources: point, area, on-road mobile and 

non-road mobile. The attainment and 

future year emissions inventories were 

projected by Lake Michigan Air 

Directors Consortium using the 2005 

base year inventory methodology as 

provided in the Appendix D of 

Kentucky’s Submittal. The future year 

emissions inventories have been 

estimated using projected rates of 

growth in population, traffic, economic 

activity, expected control programs, and 


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other parameters. Non-road mobile 

emissions estimates were based on the 

EPA’s non-road mobile model, with the 

exception of the railroad locomotives, 

commercial marine, and aircraft engine. 

These emissions are estimated by taking 

activity data, such as landings and 

takeoffs, and multiplying by an 

Economic Growth Analysis System 

emission factor. On-road mobile source 

emissions were calculated using EPA’s 

MOVES2010 mobile emission factors 

model. The 2008 SO2, NOX and PM2.5

emissions for the Tri-state CincinnatiHamilton Area, as well as the emissions 

for other years, were developed 

consistent with EPA guidance and are 

summarized in Table 5 of the following 

subsection discussing the maintenance 

demonstration. 

c. Maintenance Demonstration 

The January 27, 2011, final submittal 

includes a maintenance plan for the 

Northern Kentucky Area. This 

demonstration: 

(i) Shows compliance with and 

maintenance of the annual PM2.5

standard by providing information to 

support the demonstration that current 

and future emissions of SO2, NOX and 

PM2.5 remain at or below 2008 

emissions levels. 

(ii) Uses 2008 as the attainment year 

and includes future emission inventory 

projections for 2011, 2015, 2018, and 

2021. 

(iii) Identifies an ‘‘out year’’ at least 10 

years after EPA review and potential 

approval of the maintenance plan. per 

40 CFR part 93, NOX and PM2.5 MVEBs 

were established for the last year (2021) 

of the maintenance plan. Additionally, 

Kentucky also opted to establish MVEBs 

for the interim year of 2015. See section 

VI below. 

(iv) Provides, as shown in Tables 4, 5, 

and 6 below, the actual and projected 

emissions inventories, in tpy, for the 

Northern Kentucky Area, and Table 7 

below shows the actual and emissions 

inventories for the entire Tri-state 

Cincinnati-Hamilton Area. 

TABLE 4—ANNUAL PM2.5 FOR THE NORTHERN KENTUCKY AREA

PM2.5 Actual and projected estimated emissions (tpy) 

Sector 2008 2011 2015 2018 2021 

Point ......................................................................................................... 246.14 260.41 280.39 295.19 310.51 

Area ......................................................................................................... 921.66 922.39 923.39 924.46 925.55 

Nonroad ................................................................................................... 497.22 457.58 408.89 372.32 338.50 

Mobile ...................................................................................................... 645.62 513.85 371.11 320.84 275.38 

Total .................................................................................................. 2,310.64 2,154.23 1,983.78 1,912.82 1,849.94 

TABLE 5—ANNUAL NOX FOR THE NORTHERN KENTUCKY AREA

NOX Actual and projected estimated emissions (tpy) 

Sector 2008 2011 2015 2018 2021 

Point ......................................................................................................... 2,094.21 1,891.67 1,646.47 1,549.91 1,457.54 

Area ......................................................................................................... 4,015.59 4,095.47 4,203.83 4,286.15 4,369.53 

Nonroad ................................................................................................... 8,168.48 7,219.36 6,086.95 5,202.60 4,410.56 

Mobile ...................................................................................................... 13,114.20 10,135.95 6,996.22 5,618,08 4,435.96 

Total .................................................................................................. 27,392.48 23,342.46 18,933.47 16,656.74 14,673.59 

TABLE 6—ANNUAL SO2 FOR THE NORTHERN KENTUCKY AREA

SO2 Actual and projected estimated emissions (tpy) 

Sector 2008 2011 2015 2018 2021 

Point ......................................................................................................... 2,844.98 2,761.67 2,653.54 2.613.08 2,573.07 

Area ......................................................................................................... 2,756.35 2,785.21 2,824.05 2,853.38 2,882.91 

Nonroad ................................................................................................... 832.54 728.03 604.74 513.85 433.13 

Mobile ...................................................................................................... 42.74 45.94 50.50 54.46 58.62 

Total .................................................................................................. 7,422.44 6,476.61 6,132.83 6,034.77 5,947.73 

TABLE 7—EMISSION ESTIMATES FOR THE TRI-STATE CINCINNATI-HAMILTON AREA

Year NOX (tpy) SO2 (tpy) PM2.5 (tpy) 

2008 ............................................................................................................................................. 148,706.15 117,016.14 8,904.64 

2015 ............................................................................................................................................. 105,712.02 112,250.26 8,634.55 

2021 ............................................................................................................................................. 78,819.13 88,510.27 8,202.63 

Difference from 2008 to 2021 .............................................................................................. ¥69,887.02 ¥28,505.87 ¥702.01 

Tables 4 through 7 summarize the 

2008 and future projected emissions of 

direct PM2.5 and precursors from the 

counties in the Northern Kentucky Area, 

and Tri-state Cincinnati-Hamilton Area. 

As reflected in these tables, future 

emissions for the relevant pollutants 

and precursors are expected to be below 

the’’ attainment level’’ emissions in 


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2008, and thus illustrates that the 

Northern Kentucky and Tri-state 

Cincinnati-Hamilton Area as a whole 

are expected to continue to attain the 

1997 PM2.5 NAAQS through 2021. In 

situations where local emissions are the 

primary contributor to nonattainment, if 

the future projected emissions in the 

nonattainment area remain at or below 

the baseline emissions in the 

nonattainment area, then the ambient 

air quality standard should not be 

violated in the future. EPA and the 

Commonwealth believe that a 

significant portion of the nonattainment 

problem in the Northern Kentucky Area 

is due to transport of power plant 

emissions from power plants outside the 

nonattainment area. EPA recently 

finalized the CSAPR, which mandates 

substantial regional reductions of SO2

and NOX emissions in the Eastern 

United States. 

In CSAPR, EPA quantifies the 

reductions needed in specific states to 

address each covered state’s significant 

contribution to nonattainment and 

interference with maintenance of 

specific NAAQS. In that action, EPA 

also established FIPs to ensure that the 

significant contribution to 

nonattainment and interference with 

maintenance identified by EPA is 

prohibited. 

The modeling for the final CSAPR 

identified nine states, including 

Kentucky, Indiana, and Ohio, that have 

emissions that affect the Tri-state 

Cincinnati-Hamilton Area’s air quality. 

Table 8, below, shows state-wide 

emission estimates for SO2 and NOX for 

2005, 2012, and 2014, for the nine 

eastern states that were determined to 

have a significant effect on the Tri-state 

Cincinnati-Hamilton Area’s air quality 

in relation to the 1997 Annual NAAQS. 

The values for 2005 reflect base year 

emissions estimates. The values for 

2012 reflect estimates for a scenario in 

which neither the CAIR nor a 

replacement for the CAIR is in effect, 

reflecting a baseline that EPA used in 

developing its proposed rule. The 

values for 2014 reflect estimates of the 

mandated CSAPR reductions. These 

estimates are taken from Tables 6–1 

(NOX) and 6–2 (SO2) of the emissions 

technical support document for the 

Transport Rule, available at http:// 

www.epa.gov/airquality/transport/pdfs/ 

TR_Proposal_Emissions_TSD.pdf. These 

estimates exclude emissions from fires, 

which are a small fraction of the 

inventory (well under 0.1 percent) that 

is projected to remain constant and does 

not materially affect the comparison 

here. 

TABLE 8—SO2 AND NOX EMISSIONS FOR STATES SIGNIFICANTLY CONTRIBUTING TO THE TRI-STATE CINCINNATIHAMILTON AREA 1997 ANNUAL PM2.5 NONATTAINMENT AREA (TPY) 

State 

SO2 emissions NOX emissions 

2005 base 2012 (w/o 

transport rule) 

2014 (with 

transport rule) 2005 base 2012 (w/o transport rule 

2014 (with 

transport rule) 

Kentucky .................................................. 572,424 780,885 182,630 435,837 345,073 247,270 

Ohio .......................................................... 1,276,270 1,076,470 361,138 816,239 552,864 453,167 

Indiana ..................................................... 1,047,371 986,601 396,403 614,861 505,039 386,251 

Illinois ....................................................... 516,950 866,376 304,834 773,276 542,886 480,743 

Michigan ................................................... 490,190 415,042 300,560 638,546 478,625 410,319 

Missouri .................................................... 421,979 570,575 315,283 505,195 353,407 317,092 

Pennsylvania ............................................ 1,173,296 1,119,680 303,071 704,936 566,301 454,248 

Tennessee ............................................... 388,191 708,905 218,065 471,705 338,154 270,171 

West Virginia ............................................ 535,586 645,431 184,341 294,016 206,630 144,970 

Total .................................................. 6,422,257 7,169,965 2,566,325 5,254,611 3,888,979 3,164,231 

While EPA has not made emission 

estimates for 2021 that are premised on 

the implementation of the CSAPR, Table 

8 above shows emission estimates that 

EPA has made for 2014 that include 

reductions from the implementation of 

the CSAPR. These emission estimates 

show a substantial decline in SO2 and 

NOX emissions comparable to that 

shown in Kentucky’s maintenance plan. 

Given the substantial degree of control 

of the various electric EGUs in the Tristate Cincinnati-Hamilton Area, EPA 

finds Kentucky’s projection of such 

emission declines through 2021 to be 

appropriate forecasts of future 

emissions. The promulgation of the 

CSAPR requires additional control 

beyond those projected by Kentucky 

will result in emission reductions in 

excess of those needed for continued 

maintenance of the PM2.5 Annual 

NAAQS in the Northern Kentucky Area. 

A maintenance plan requires the state 

to show that projected future year 

emissions will not exceed the level of 

emissions which led the Area to attain 

the NAAQS. Kentucky has projected 

emissions as described previously and 

determined that emissions in the 

Northern Kentucky Area will remain 

below those in the attainment year 

inventory for the duration of the 

maintenance plan. 

As discussed further in section VII of 

this proposed rulemaking, a safety 

margin is the difference between the 

attainment level of emissions (from all 

sources) and the projected level of 

emissions (from all sources) in the 

maintenance plan. The attainment level 

of emissions is the level of emissions 

during one of the years in which the 

area met the NAAQS. Kentucky has 

decided to allocate a portion of the 

available safety margins to the Area’s 

NOX and PM2.5 MVEBs for both 2015 

and 2021 for the Northern Kentucky 

Area and has calculated the safety 

margin in its submittal. Specifically, 

18.56 tpy and 27.54 tpy of the available 

PM2.5 safety margin for the Kentucky 

portion of the Tri-state CincinnatiHamilton Area will be allocated to the 

2015 and 2021 Northern Kentucky Area 

MVEBs, respectively. In addition, 

1,049.43 tpy and 963.17 tpy of the 

available NOX safety margins will be 

allocated to the 2015 and 2021 MVEBs, 

respectively. This allocation and the 

resulting available safety margin for the 

Northern Kentucky Area are discussed 

further in section VI of this proposed 

rulemaking. 

d. Monitoring Network 

There are currently two monitors 

measuring PM2.5 in the Tri-state 

Cincinnati-Hamilton Area (two in the 

Northern Kentucky Area and twelve in 

the remainder in the Ohio portion of 

this Area). The Commonwealth of 

Kentucky, through DAQ, has committed 

to continue operation of the monitors in 

the Northern Kentucky Area in 


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compliance with 40 CFR part 58 and 

have thus addressed the requirement for 

monitoring. EPA approved Kentucky’s 

2010 monitoring plan on October 8, 

2010. Ohio has made a similar 

commitment in their redesignation and 

maintenance plan submission to EPA 

for this Area. There is no monitor in the 

Indiana portion of this Area. 

e. Verification of Continued Attainment 

The Commonwealth of Kentucky, 

through DAQ, has the legal authority to 

enforce and implement the 

requirements of the Northern Kentucky 

Area 1997 Annual PM2.5 maintenance 

plan. This includes the authority to 

adopt, implement and enforce any 

subsequent emissions control 

contingency measures determined to be 

necessary to correct future PM2.5

attainment problems. 

DAQ will track the progress of the 

maintenance plan by performing future 

reviews of triennial emission 

inventories for the Northern Kentucky 

Area as required in the Air Emissions 

Reporting Rule (AERR) and 

Consolidated Emissions Reporting Rule 

(CERR). For these periodic inventories, 

DAQ will review the assumptions made 

for the purpose of the maintenance 

demonstration concerning projected 

growth of activity levels. If any of these 

assumptions appear to have changed 

substantially, then DAQ will re-project 

emissions for the Northern Kentucky 

Area. 

f. Contingency Measures in the 

Maintenance Plan 

The contingency measures are 

designed to promptly correct a violation 

of the NAAQS that occurs after 

redesignation. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation, and a time limit for 

action by the Commonwealth. A state 

should also identify specific indicators 

to be used to determine when the 

contingency measures need to be 

implemented. The maintenance plan 

must include a requirement that a state 

will implement all measures with 

respect to control of the pollutant that 

were contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d). 

In the January 27, 2011, submittal, 

Kentucky affirms that all programs 

instituted by the Commonwealth and 

EPA will remain enforceable and that 

sources are prohibited from reducing 

emissions controls following the 

redesignation of the Area. The 

contingency plan included in the 

submittal includes a triggering 

mechanism to determine when 

contingency measures are needed and a 

process of developing and 

implementing appropriate control 

measures. The Commonwealth of 

Kentucky will use actual ambient 

monitoring data as the triggering event 

to determine when contingency 

measures should be implemented. 

Kentucky has identified a primary 

trigger as occurring when the 3-year 

average of annual mean PM2.5

concentration is greater than the 1997 

Annual PM2.5 NAAQS of 15.0 mg/m3, as 

described in the Tri-state CincinnatiHamilton Area. In the event of a 

monitored violation of the 1997 Annual 

NAAQS, the Commonwealth commits to 

adopt one or more of the following 

control measures within nine months in 

order to bring the Area into compliance. 

All regulatory programs will be 

implemented within 18 months of the 

triggering monitored violation: 

• Implementation of a program to 

require additional emissions reductions 

on stationary sources; 

• Implementation of fuel programs, 

including incentives for alternative 

fuels; 

• Restriction of certain roads or lanes, 

or construction of such lanes for use by 

passenger buses or high-occupancy 

vehicles; 

• Trip-reduction ordinances; 

• Employer-based transportation 

management plans, including 

incentives; 

• Programs to limit or restrict vehicle 

use in downtown areas, or other areas 

of emission concentration, particularly 

during periods of peak use; 

• Programs for new construction and 

major reconstruction of paths or tracks 

for use by pedestrians or by nonmotorized vehicles when economically 

feasible and in the public interest; 

• Diesel reduction emissions 

strategies, including diesel retrofit 

programs; 

• Any other control program that is 

developed and deemed to be more 

advantageous for the area. 

A secondary trigger will occur in the 

event that a measured value of the 

weighted annual mean is 15.5 mg/m3 or 

greater in a single calendar year in any 

portion of the maintenance area. In such 

a case, the Commonwealth will evaluate 

existing controls measures and 

determine whether any further emission 

reduction measures should be 

implemented. In addition to the triggers 

indicated above, Kentucky will monitor 

regional emissions through the CERR 

and AERR, and compare them to the 

projected inventories and the attainment 

year inventory. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, monitoring network, 

verification of continued attainment, 

and a contingency plan. Therefore, the 

maintenance plan SIP revision 

submitted by the Commonwealth of 

Kentucky for the Northern Kentucky 

Area meets the requirements of section 

175A of the CAA and is approvable. 

VI. What is EPA’s analysis of 

Kentucky’s proposed NOX and PM2.5

MVEBs for the Northern Kentucky 

Area? 

Under section 176(c) of the CAA, new 

transportation plans, programs, and 

projects, such as the construction of 

new highways, must ‘‘conform’’ to (i.e., 

be consistent with) the part of the state’s 

air quality plan that addresses pollution 

from cars and trucks. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the NAAQS 

or any interim milestones. If a 

transportation plan does not conform, 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. The 

regional emissions analysis is one, but 

not the only, requirement for 

implementing transportation 

conformity. Transportation conformity 

is a requirement for nonattainment and 

maintenance areas. Maintenance areas 

are areas that were previously 

nonattainment for a particular NAAQS 

but have since been redesignated to 

attainment with an approved 

maintenance plan for that NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs and maintenance plans for 

nonattainment areas. These control 

strategy SIPs (including RFP and 

attainment demonstration) and 

maintenance plans create MVEBs for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR part 93, a 

MVEB must be established for the last 

year of the maintenance plan. A state 

may adopt MVEBs for other years as 

well. The MVEB is the portion of the 

total allowable emissions in the 

maintenance demonstration that is 


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9MVEBs for the remaining portion of the Tri-state 

Cincinnati-Hamilton Area is addressed in the Ohio 

and Indiana submissions for this Area, and will be 

addressed through a separate EPA action. 

allocated to highway and transit vehicle 

use and emissions. See 40 CFR 93.101. 

The MVEB serves as a ceiling on 

emissions from an area’s planned 

transportation system. The MVEB 

concept is further explained in the 

preamble to the November 24, 1993, 

Transportation Conformity Rule (58 FR 

62188). The preamble also describes 

how to establish the MVEB in the SIP 

and how to revise the MVEB. 

After interagency consultation with 

the transportation partners for the Tristate Cincinnati-Hamilton Area, 

Kentucky has elected to develop MVEBs 

for NOX and PM2.5 for the Northern 

Kentucky Area (i.e., Boone, Campbell 

and Kenton Counties).9 Kentucky is 

developing these MVEBs, as required, 

for the last year of its maintenance plan, 

2021. Kentucky also established MVEBs 

for the interim year of 2015. The MVEBs 

reflect the total on-road emissions for 

2015 and 2021, plus an allocation from 

the available NOX and PM2.5 safety 

margin. Under 40 CFR 93.101, the term 

safety margin is the difference between 

the attainment level (from all sources) 

and the projected level of emissions 

(from all sources) in the maintenance 

plan. The safety margin can be allocated 

to the transportation sector; however, 

the total emissions must remain below 

the attainment level. The NOX and PM2.5

MVEBs and allocation from the safety 

margin were developed in consultation 

with the transportation partners and 

were added to account for uncertainties 

in population growth, changes in model 

vehicle miles traveled and new 

emission factor models. The NOX and 

PM2.5 MVEBs for the Northern Kentucky 

Area are defined in Table 9 below. 

TABLE 9—NORTHERN KENTUCKY AREA

MVEBS

[tpy] 

PM2.5 NOX

2015 Mobile Emissions 371.11 6,996.22 

2015 Safety Margin Allocation ...................... 18.56 1,049.43 

2015 Total Mobile 

Budget ................ 389.67 8,045.65 

2021 Mobile Emissions 275.38 6,421.15 

2021 Safety Margin Allocation ...................... 27.54 963.17 

2021 Total Mobile 

Budget ................ 302.92 7,384.32 

As mentioned above, Kentucky has 

chosen to allocate a portion of the 

available safety margin for the Northern 

Kentucky Area to the NOX and PM2.5

MVEBs for 2015 and 2021. The NOX

safety margin allocation is 1,049.43 tpy 

and 963.17 tpy for 2015 and 2021, 

respectively. Likewise, the PM2.5 safety 

margin allocation is 18.56 tpy and 27.54 

tpy for 2015 and 2021, respectively. 

Through this rulemaking, EPA is 

proposing to approve the MVEBs for 

PM2.5 and NOX for 2015 and 2021, 

including the allocation from the PM2.5

and NOX safety margins, for the 

Northern Kentucky Area because EPA 

has made the preliminary determination 

that the Area maintains the 1997 

Annual PM2.5 NAAQS with the 

emissions at the levels of the budgets. 

Once the MVEBs for the Northern 

Kentucky Area are approved or found 

adequate (whichever is completed first), 

they must be used for future conformity 

determinations and the metropolitan 

planning organizations must use the 

MOVES model in future PM2.5

conformity determinations for their 

long-range transportation plans and 

transportation improvement plans. After 

thorough review, EPA has preliminarily 

determined that the budgets meet the 

adequacy criteria, as outlined in 40 CFR 

93.118(e)(4), and is proposing to 

approve the budgets because they are 

consistent with maintenance of the 

Annual PM2.5 NAAQS through 2021. 

VII. What is the status of EPA’s 

adequacy determination for the 

proposed NOX and PM2.5 MVEBs for 

2015 and 2021 for the Northern 

Kentucky Area? 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA may 

affirmatively find the MVEB contained 

therein adequate for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted MVEB 

is adequate for transportation 

conformity purposes, that MVEB must 

be used by state and federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. 

EPA’s substantive criteria for 

determining adequacy of MVEBs are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: Public notification of 

a SIP submission, a public comment 

period, and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999, guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

This guidance was finalized in the 

Transportation Conformity Rule 

Amendments for the ‘‘New 8-Hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule entitled, ‘‘Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes,’’ 68 FR 38974, 

38984 (June 30, 2003). 

As discussed earlier, Kentucky’s 

maintenance plan submission includes 

NOX and PM2.5 MVEBs for the Northern 

Kentucky Area for 2015 and 2021, the 

last year of the maintenance plan. EPA 

reviewed the NOx and PM2.5 MVEBs 

through the adequacy process. The 

Kentucky SIP submission, including the 

Northern Kentucky Area NOX and PM2.5

MVEBs, was open for public comment 

on EPA’s adequacy Web site on 

February 14, 2011, found at: http://

www.epa.gov/otaq/stateresources/

transconf/currsips.htm. The EPA public 

comment period on adequacy for the 

MVEBs for 2015 and 2021 for Northern 

Kentucky Area closed on March 16, 

2011. EPA did not receive any 

comments on the adequacy of the 

MVEBs, nor did EPA receive any 

requests for the SIP submittal. 

EPA intends to make its 

determination on the adequacy of the 

2015 and 2021 MVEBs for the Northern 

Kentucky Area for transportation 

conformity purposes in the near future 

by completing the adequacy process that 

was started on February 14, 2011. After 

EPA finds the 2015 and 2021 MVEBs 

adequate or approves them, the new 

MVEBs for NOX and PM2.5 must be used 

for future transportation conformity 

determinations. For required regional 

emissions analysis years between 2015 

and 2021, the applicable budgets will be 

the new 2015 MVEBs established in the 

maintenance plan. Starting in 2021, the 

applicable budgets will be the new 2021 

MVEBs. Both the 2015 and 2021 MVEBs 

are defined in section VII of this 

proposed rulemaking. 

VIII. What is EPA’s analysis of the 

proposed 2008 base year emissions 

inventory for the Northern Kentucky 

Area? 

As discussed in section V above, 

section 172(c)(3) of the CAA requires 

areas to submit a base year emissions 

inventory. As part of Kentucky’s request 

to redesignate the Northern Kentucky 


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Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 65471 

Area, the Commonwealth submitted a 

2008 attainment year emissions 

inventory to meet this requirement. 

Emissions contained in the submittal 

cover the general source categories of 

point sources, area sources, on-road 

mobile sources, and non-road mobile 

sources. All emission summaries were 

accompanied by source-specific 

descriptions of emission calculation 

procedures and sources of input data. 

Kentucky’s submittal documents 2008 

emissions in the Northern Kentucky 

Area in units of tpy. Table 10 below 

provides a summary of the 2008 

emissions of direct PM2.5, NOX, and SO2

for the Northern Kentucky Area. 

TABLE 10—NORTHERN KENTUCKY AREA 2008 EMISSIONS FOR PM2.5, NOX, BY SOURCE CATEGORY

[tpy (percent total)] 

PM2.5 NOX SO2

Point Source Total ............................................................................................... 246 .14 [10.7] 2094 .21 [7.6] 2,844 .98 [43.9] 

Area Source Total ................................................................................................ 921 .66 [39.9] 4,015 .59 [14.7] 2,756 .35 [42.6] 

On-Road Mobile Source Total ............................................................................. 645 .62 [27.9] 13,114 .20 42 .74 [0.7] 

Non-Road Mobile Source Total ........................................................................... 497 .22 [21.5] 8,168 .48 [29.8] 832 .54 [12.9] 

Total for all Sources ..................................................................................... 2,310 .64 27,392 .48 6,476 .61 

In today’s notice, EPA is proposing to 

approve this 2008 base year inventory as 

meeting the section 172(c)(3) emissions 

inventory requirement. 

IX. Proposed Actions on the 

Redesignation Request and 

Maintenance Plan SIP Revisions 

Including Approval of the NOX and 

PM2.5 MVEBs for 2015 and 2021 for the 

Northern Kentucky Area 

EPA previously proposed to 

determine that the Tri-state CincinnatiHamilton Area was attaining the 1997 

PM2.5 NAAQS on June 3, 2011, at 76 FR 

32110. EPA did not receive any 

comments, adverse or otherwise, on its 

June 3, 2011, and will take final action 

on this determination through an action 

separate from today’s action. Further, 

EPA is now taking three separate but 

related actions regarding the Area’s 

redesignation and maintenance of the 

1997 Annual PM2.5 NAAQS. 

First, EPA is proposing to determine, 

based on complete, quality-assured and 

certified monitoring data for the 2007– 

2009 monitoring period, and after 

review of preliminary data in AQS for 

2008–2010, that the Tri-state CincinnatiHamilton Area continues to attain the 

1997 Annual PM2.5 NAAQS. Provided 

that EPA takes final action to approve 

the 2008 base emissions inventory, EPA 

is proposing to determine that the 

Northern Kentucky Area has met the 

criteria under CAA section 107(d)(3)(E) 

for redesignation from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. On this basis, EPA is 

proposing to approve Kentucky’s 

redesignation request for the Northern 

Kentucky Area. 

Second, EPA is proposing to approve 

Kentucky’s 2008 emissions inventory 

for the Northern Kentucky Area (under 

CAA section 172(c)(3)). Kentucky 

selected 2008 as the attainment 

emissions inventory year for the 

Northern Kentucky Area. This 

attainment inventory identifies a level 

of emissions in the Area (as a part of the 

Tri-state Cincinnati-Hamilton Area) that 

is sufficient to attain the 1997 Annual 

PM2.5 NAAQS and also is a current, 

comprehensive inventory that meets the 

requirements of section 172(c)(3). 

Third, EPA is proposing to approve 

the maintenance plan for the Northern 

Kentucky Area, including the PM2.5 and 

NOX MVEBs for 2015 and 2021 

submitted by Kentucky for the Northern 

Kentucky Area, as meeting the 

requirements of section 175A of the 

CAA. The maintenance plan 

demonstrates that the Area will 

continue to maintain the 1997 Annual 

PM2.5 NAAQS, and the MVEBs meet all 

of the adequacy criteria contained in 40 

CFR 93.118(e)(4) and (5). Further, as 

part of today’s action, EPA is describing 

the status of its adequacy determination 

for the PM2.5 and NOX MVEBs for 2015 

and 2021 in accordance with 40 CFR 

93.118(f)(1). Within 24 months from the 

effective date of EPA’s adequacy 

determination or EPA’s final action to 

approve the MVEBs (whichever comes 

first), the transportation partners will 

need to demonstrate conformity to the 

new PM2.5 and NOX MVEBs pursuant to 

40 CFR 93.104(e). 

If finalized, approval of the 

redesignation request would change the 

official designations of Boone, 

Campbell, and Kenton in the Northern 

Kentucky Area for the 1997 Annual 

PM2.5 NAAQS, found at 40 CFR part 81, 

from nonattainment to attainment. EPA 

is also proposing to approve, into the 

Kentucky SIP, the maintenance plan for 

the Northern Kentucky Area, the 

emissions inventory submitted with the 

maintenance plan, and the 2015 and 

2021 MVEBs. 

X. What is the effect of EPA’s proposed 

actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 

action on the issues being proposed for 

approval today. Approval of Kentucky’s 

redesignation request would change the 

legal designation of Boone, Campbell, 

and Kenton Counties in Kentucky for 

the 1997 Annual PM2.5 NAAQS, found 

at 40 CFR part 81, from nonattainment 

to attainment. Approval of the 

Commonwealth’s request would also 

incorporate a plan for maintaining the 

1997 Annual PM2.5 NAAQS in the 

Northern Kentucky Area through 2021 

into the Kentucky SIP. This 

maintenance plan includes contingency 

measures to remedy any future 

violations of the 1997 Annual PM2.5

NAAQS and procedures for evaluation 

of potential violations. The maintenance 

plan also establishes NOX and PM2.5

MVEBs for the Northern Kentucky Area 

portion of the Tri-state CincinnatiHamilton Area. The proposed NOX and 

PM2.5 MVEBs for 2021 for the Northern 

Kentucky Area are 7,384.32 tpy and 

302.92 tpy, respectively. Kentucky also 

chose to establish interim year MVEBs 

for 2015 of 8,045.65 tpy and 389.67 tpy 

for NOX and PM2.5, respectively. Final 

action would also approve the Northern 

Kentucky Area’s emissions inventory 

under CAA section 172(c)(3). 

Additionally, EPA is notifying the 

public of the status of its adequacy 

determination for the NOX and PM2.5

MVEBs for 2015 and 2021 pursuant to 

40 CFR 93.118(f)(1). 

XI. 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 


jlentini on DSK4TPTVN1PROD with PROPOSALS
65472 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Proposed Rules 

impose any additional regulatory 

requirements on sources beyond those 

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. 

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 proposed 

actions merely approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 

• Are not ‘‘significant regulatory 

action[s]’’ subject to review by the 

Office of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 

• Do 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 proposed rule does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the 

Commonwealth, and EPA notes that it 

will not impose substantial direct costs 

on Tribal governments or preempt 

Tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 6, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–26773 Filed 10–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 25 

[IB Docket No. 11–133; FCC 11–121] 

Review of Foreign Ownership Policies 

for Common Carrier and Aeronautical 

Radio Licensees 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission is initiating a review of its 

policies and procedures that apply to 

foreign ownership of common carrier, 

aeronautical en route and aeronautical 

fixed radio station licensees. The 

Commission seeks to reduce to the 

extent possible the regulatory costs and 

burdens imposed on common carrier, 

aeronautical en route and aeronautical 

fixed radio station applicants, licensees, 

and spectrum lessees; provide greater 

transparency and more predictability 

with respect to the Commission’s 

foreign ownership filing requirements 

and review process; and facilitate 

investment from new sources of capital, 

while continuing to protect important 

interests related to national security, 

law enforcement, foreign policy, and 

trade policy. 

DATES: Submit comments on or before 

December 5, 2011, and replies on or 

before January 4, 2012. Written 

comments on the Paperwork Reduction 

Act (PRA) proposed information 

collection requirements must be 

submitted by the public, Office of 

Management and Budget (OMB) and 

other interested parties on or before 

December 20, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. 11–133, by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s ECFS Web site: http:// 

fjallfoss.fcc.gov/ecfs2/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail to 

FCC504@fcc.gov, phone: 202–418–0530 

(voice), tty: 202–418–0432. 

In addition to filing comments as 

described above, a copy of any 

comments on the PRA information 

collection requirements contained 

herein should be submitted to the FCC 

via email to PRA@fcc.gov and to 

Nicholas A. Fraser, OMB, via e-mail to 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at 202–395–5167. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Susan O’Connell or James Ball, Policy 

Division, International Bureau, FCC, 

(202) 418–1460 or via e-mail to 

Susan.OConnell@fcc.gov, 

James.Ball@fcc.gov. On PRA matters, 

contact Cathy Williams, Office of the 

Managing Director, FCC, (202) 418–2918 

or via e-mail to Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking in IB Docket No. 

11–133, FCC 11–121, adopted and 

released on August 9, 2011. The full text 

of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554. The document 

also is available for download over the 

Internet at http://transition.fcc.gov/ 

Daily_Releases/Daily_Business/2011/ 

db0809/FCC-11-121A1.pdf. The 

complete text also may be purchased 

from the Commission’s duplicating 

contractor, Best Copy and Printing, Inc. 

(BCPI), located in Room CY–B402, 445 

12th Street, SW., Washington, DC 

20554. Customers may contact BCPI at 

its Web site, http://www.bcpiweb.com, 

or call 1–800–378–3160. 

Comment Filing Procedures 

Pursuant to §§ 1.415, 1.419, interested 

parties may file comments and reply 


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