47218 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 

Dated: July 26, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–19290 Filed 8–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2010–0134–201027; FRL– 

9184–9] 

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 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request submitted on January 

29, 2010, from the Commonwealth of 

Kentucky, through the Kentucky Energy 

and Environment Cabinet, Division for 

Air Quality (DAQ), to redesignate the 

Kentucky portion of the tri-state 

Cincinnati-Hamilton 8-hour ozone 

nonattainment area (hereafter referred to 

as ‘‘the Cincinnati-Hamilton Area’’) to 

attainment for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS). The Cincinnati-Hamilton 

Area is comprised of Boone, Campbell 

and Kenton Counties in Kentucky 

(hereafter also referred to as ‘‘Northern 

Kentucky’’); Butler, Clermont, Clinton, 

Hamilton and Warren Counties in Ohio; 

and a portion of Dearborn County in 

Indiana. EPA’s approval of the 

redesignation request is based on the 

determination that Northern Kentucky 

has met the criteria for redesignation to 

attainment set forth in the Clean Air Act 

(CAA), including the determination that 

the Cincinnati-Hamilton Area has 

attained the 1997 8-hour ozone NAAQS. 

Additionally, EPA is approving a 

revision to the Kentucky State 

Implementation Plan (SIP) including the 

1997 8-hour ozone maintenance plan for 

Northern Kentucky that contains the 

new 2015 and 2020 motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for Northern 

Kentucky. This action also approves the 

emissions inventory submitted with the 

maintenance plan. EPA has previously 

approved, in a separate rulemaking, 

similar redesignation requests submitted 

by the States of Ohio and Indiana for 

their portions of this 1997 8-hour ozone 

area. 

DATES: Effective Date: This rule will be 

effective August 5, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0134. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 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: Jane 

Spann, 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. Jane 

Spann may be reached by phone at (404) 

562–9029 or via electronic mail at 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Is the Background for the Actions? 

II. What Actions Is EPA Taking? 

III. Why Is EPA Taking These Actions? 

IV. What Are the Effects of These Actions? 

V. Response to Comments 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What Is the Background for the 

Actions? 

On January 29, 2010, the 

Commonwealth of Kentucky, through 

DAQ, submitted a request to redesignate 

Northern Kentucky (as a portion of the 

Cincinnati-Hamilton Area) to attainment 

for the 1997 8-hour ozone NAAQS, and 

for EPA approval of the Kentucky SIP 

revision containing a maintenance plan 

for Northern Kentucky. In an action 

published on May 12, 2010 (75 FR 

26685), EPA proposed to approve the 

redesignation of Northern Kentucky to 

attainment. EPA also proposed approval 

as a SIP revision of Kentucky’s plan for 

maintaining the 1997 8-hour NAAQS, 

including the emissions inventory 

submitted pursuant to CAA section 

172(c)(3); and the NOX and VOC MVEBs 

for Northern Kentucky contained in the 

maintenance plan. The background for 

these rulemakings is set forth in detail 

in EPA’s May 12, 2010 proposal. 

The MVEBs included in the 

maintenance plan are as follows: 

TABLE 1—NORTHERN KENTUCKY VOC 

AND NOX MVEBS

[Summer season tons per day (tpd)] 

Year 2015 2020 

NOX .................................. 14.40 13.27 

VOC .................................. 9.76 10.07 

In its May 12, 2010, proposed action, 

EPA stated that the adequacy public 

comment period on these MVEBs (as 

contained in Kentucky’s submittal) 

began on February 3, 2010, and closed 

on March 5, 2010. No comments were 

received during this public comment 

period, and therefore, EPA deems the 

new MVEBs for Northern Kentucky 

adequate for the purposes of 

transportation conformity. In a separate 

action, EPA previously found adequate 

and approved the MVEB’s for the Ohio 

and Indiana portions of the CincinnatiHamilton Area (75 FR 26118, May 11, 

2010). 

As we stated in the May 12, 2010, 

proposal, this redesignation addresses 

Northern Kentucky’s status solely with 

respect to the 1997 8-hour ozone 

NAAQS, for which designations were 

finalized on April 30, 2004 (69 FR 

23857). In 2008, EPA issued a revised 8- 

hour ozone NAAQS, which is currently 

under reconsideration. Today’s 

rulemaking concerns only the 1997 8- 

hour ozone NAAQS, and does not 

address or affect the 2008 or any 

subsequently revised and promulgated 

ozone NAAQS. 

In this final rulemaking, EPA is noting 

a correction for the site identification 

numbers listed in EPA’s May 12, 2010 

(75 FR 26685), proposed approval. 

Specifically, the air quality monitor site 

identification number (ID) listed in 

Table 2 (Annual 4th Max High and 

Design Value Concentration for 8-Hour 

Ozone for the Cincinnati-Hamilton OHKY-IN Area (parts per million)) of EPA’s 

May 12, 2010 proposed rulemaking, 

column 3 labeled ‘‘Monitor’’ were 

incorrect for the Boone and Campbell 

County, Kentucky entries. The site 

monitor IDs should read: Boone 


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1On May 11, 2010, EPA took final action to 

approve Ohio’s and Indiana’s redesignation 

requests for their respective portions of the 

Cincinnati-Hamilton Area, including approval of 

the associated emissions inventories, maintenance 

plans and MVEB’s (75 FR 26118). 

County—KY 338 & Lower River Road 

21–015–0003 and Campbell County— 

Highland Heights 21–037–3002. Please 

see below for the corrected table. 

TABLE 2—ANNUAL 4TH MAX HIGH AND DESIGN VALUE CONCENTRATION FOR 8-HOUR OZONE FOR THE CINCINNATIHAMILTON OH-KY-IN AREA

[Parts per million] 

State*/county Monitor 

2007 

4th high 

(ppm) 

2008 

4th high 

(ppm) 

2009 

4th high 

(ppm) 

2007–2009 

average 

(ppm) 

Ohio: 

Butler ...................... Hamilton, 39–017–0004 ...................................... 0.091 0.071 0.073 0.078 

Middletown, 39–017–1004 .................................. 0.091 0.079 0.076 0.082 

Clermont ................. Batavia 39–025–0022 .......................................... 0.086 0.071 0.069 0.075 

Clinton .................... Wilmington, 39–027–1022 ................................... 0.082 0.076 0.070 0.076 

Hamilton ................. Grooms Rd., Cincinnati, 39–061–0006 ............... 0.089 0.086 0.072 0.082 

Cleves, 39–061–0010 .......................................... 0.086 0.077 0.065 0.076 

250 Wm. Howard Taft, Cincinnati, 39–061–0040 0.086 0.080 0.074 0.080 

Warren .................... Lebanon, 39–165–0007 ....................................... 0.088 0.082 0.077 0.082 

Kentucky: 

Boone ..................... KY 338 & Lower River Road, 21–015–0003 ....... 0.078 0.064 0.064 0.068 

Campbell ................ Highland Heights, 21–037–3002 ......................... 0.086 0.075 0.068 0.076 

Kenton .................... Covington, 21–117–0007 .................................... 0.085 0.073 0.074 0.077 

II. What Actions Is EPA Taking? 

In today’s rulemaking, EPA is 

finalizing several related actions. EPA is 

approving: (1) Kentucky’s redesignation 

request to change the legal designation 

of the Northern Kentucky portion of the 

Cincinnati-Hamilton Area from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS; (2) 

Kentucky’s 1997 8-hour ozone 

maintenance plan for Northern 

Kentucky, including MVEB’s (such 

approval being one of the CAA criteria 

for redesignation to attainment status); 

and (3) Kentucky’s emissions inventory 

which was submitted pursuant to CAA 

section 172(c)(3). The maintenance plan 

is designed to help keep the CincinnatiHamilton Area in attainment for the 

1997 8-hour ozone NAAQS through 

2020. EPA’s approval of the 

redesignation request is based on EPA’s 

determination that Northern Kentucky 

meets the criteria for redesignation set 

forth in CAA, sections 107(d)(3)(E) and 

175A, including EPA’s determination 

that the Cincinnati-Hamilton Area has 

attained the 1997 8-hour ozone NAAQS. 

EPA’s analyses of Kentucky’s 

redesignation request, emissions 

inventory, and maintenance plan are 

described in detail in the May 12, 2010 

proposed rule (75 FR 26685). 

Consistent with the CAA, the 

maintenance plan that EPA is approving 

also includes 2015 and 2020 MVEBs for 

NOX and VOC for Northern Kentucky. 

In this action, EPA is approving these 

NOX and VOC MVEBs for the purposes 

of transportation conformity. For 

regional emission analysis years that 

involve the year 2015, and any year 

between 2015 and 2020, the new 2015 

MVEBs are the applicable budgets (for 

the purpose of conducting 

transportation conformity analyses). For 

regional emission analysis years that 

involve the year 2020 and beyond, the 

applicable budgets, for the purpose of 

conducting transportation conformity 

analyses, are the new 2020 MVEBs. 

III. Why Is EPA Taking These Actions? 

EPA has determined that the 

Cincinnati-Hamilton Area has attained 

the 1997 8-hour ozone NAAQS and has 

also determined that all other criteria for 

the redesignation of Northern Kentucky 

(as part of the Cincinnati-Hamilton 

Area) from nonattainment to attainment 

of the 1997 8-hour ozone NAAQS have 

been met. See section 107(d)(3)(E) of the 

CAA. EPA is also taking final action to 

approve the maintenance plan for 

Northern Kentucky as meeting the 

requirements of sections 175A and 

107(d)(3)(E) of the CAA, and the 

emissions inventory as meeting the 

requirements of section 172(c)(3) of the 

CAA. Furthermore, EPA is approving 

the new NOX and VOC MVEBs for the 

years 2015 and 2020 as contained in 

Kentucky’s maintenance plan for 

Northern Kentucky because these 

MVEBs are consistent with maintenance 

for the Cincinnati-Hamilton Area. In the 

May 12, 2010, proposal to redesignate 

Northern Kentucky, EPA described the 

applicable criteria for redesignation to 

attainment and its analysis of how those 

criteria have been met. The bases and 

rationale for EPA’s findings and actions 

are set forth in the proposed 

rulemaking, and in the responses to 

comments and other discussion in this 

final rulemaking. 

IV. What Are the Effects of These 

Actions? 

Approval of the redesignation request 

changes the legal designation of Boone, 

Campbell and Kenton Counties in 

Kentucky (the Kentucky portion of the 

Cincinnati-Hamilton Area) from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS. 40 CFR part 

81. EPA is also approving as a revision 

to the Kentucky SIP, Kentucky’s plan for 

maintaining the 1997 8-hour ozone 

NAAQS in the Cincinnati-Hamilton 

Area through 2020. The maintenance 

plan includes contingency measures to 

remedy possible future violations of the 

1997 8-hour ozone NAAQS, and 

establishes NOX and VOC MVEBs for 

the years 2015 and 2020 for Northern 

Kentucky. Additionally, this action 

approves the emissions inventory for 

Northern Kentucky pursuant to section 

172(c)(3) of the CAA.1

V. Response to Comments 

EPA received one set of comments 

from the Allegheny County Health 

Department on EPA’s proposal. The 

comment received addresses minor 

arithmetic errors in tabulating totals in 

some maintenance plan emissions 

inventories. EPA’s response to the 

comment is provided below. 

Comment: The Commenter, the 

Allegheny County Health Department 

states: ‘‘In Table 3 of the proposed 

approval Federal Register the nonroad 

total for 2018 VOC should be 7.43 tons 


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47220 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations 

per day (tpd) not 7.68 tpd and the 2018 

VOC total for all sources should be 

40.10 tpd when the nonroad total is 

corrected.’’ 

Response: EPA acknowledges the 

Commentor’s correction for the total 

nonroad VOC and also notes that there 

were additional typographical errors in 

the proposed rule with regard to some 

of the totaled emission categories. See 

Table 3 and 4 below for the corrected 

VOC and NOX emissions totals. The 

corrected numbers are underlined. None 

of these corrections changes the 

downward trend of total Northern 

Kentucky VOC and NOX emissions from 

2008 to 2020, and in some cases the 

revisions reflect lower emissions totals 

than were indicated in EPA’s proposed 

rule. With these corrections, as in EPA’s 

original proposal, Kentucky’s plan for 

Northern Kentucky continues to 

demonstrate maintenance for the initial 

maintenance period with a total of 3.89 

tpd reduction in VOC emissions, and 

14.48 tpd reduction in NOX emissions 

from the 2008 baseline to the 2020 

outyear. 

TABLE 3—NORTHERN KENTUCKY VOC EMISSIONS (tpd) 

2008 2011 2015 2018 2020 

Point 

Boone ................................................................................... 2.81 2.90 3.04 3.14 3.20 

Campbell .............................................................................. 0.28 0.29 0.30 0.31 0.31 

Kenton .................................................................................. 1.17 1.23 1.31 1.38 1.42 

Point Total ..................................................................... 4.26 4.42 4.65 4.83 4.93 

Area 

Boone ................................................................................... 8.41 8.45 8.50 8.50 8.50 

Campbell .............................................................................. 4.34 4.28 4.20 4.20 4.20 

Kenton .................................................................................. 7.88 7.79 7.66 7.66 7.66 

Area Total ..................................................................... 20.63 20.52 20.36 20.36 20.36 

Nonroad 

Boone ................................................................................... 5.07 4.84 4.55 4.44 4.36 

Campbell .............................................................................. 1.51 1.41 1.29 1.25 1.22 

Kenton .................................................................................. 1.95 1.87 1.76 1.74 1.73 

Nonroad Total ............................................................... 8.53 8.12 7.60 7.43 7.31 

Mobile* 

Boone ................................................................................... 4.00 3.63 3.17 3.04 2.96 

Campbell .............................................................................. 2.29 2.04 1.74 1.62 1.55 

Kenton .................................................................................. 3.85 3.39 2.85 2.67 2.56 

Mobile Total .................................................................. 10.14 9.06 7.76 7.33 7.07 

Northern Kentucky Total .................................... 43.56 42.12 40.37 39.95 39.67 

* Calculated using MOBILE6.2. 

TABLE 4—NORTHERN KENTUCKY NOX EMISSIONS (tpd) 

2008 2011 2015 2018 2020 

Point 

Boone ................................................................................... 23.27 24.04 25.08 25.91 26.47 

Campbell .............................................................................. 0.02 0.02 0.02 0.03 0.03 

Kenton .................................................................................. 0.03 0.03 0.03 0.03 0.03 

Point Total ..................................................................... 23.32 24.09 25.13 25.97 26.53 

Area 

Boone ................................................................................... 5.02 5.02 5.03 5.03 5.03 

Campbell .............................................................................. 1.32 1.31 1.30 1.30 1.30 

Kenton .................................................................................. 4.06 4.04 4.02 4.02 4.02 

Area Total ..................................................................... 10.40 10.37 10.35 10.35 10.35 

Nonroad 

Boone ................................................................................... 11.02 10.47 9.77 9.60 9.48 

Campbell .............................................................................. 5.34 5.00 4.57 4.43 4.34 


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TABLE 4—NORTHERN KENTUCKY NOX EMISSIONS (tpd)—Continued 

2008 2011 2015 2018 2020 

Kenton .................................................................................. 7.33 6.81 6.15 5.91 5.75 

Nonroad Total ............................................................... 23.69 22.28 20.49 19.94 19.57 

Mobile* 

Boone ................................................................................... 8.53 6.64 4.63 3.90 3.45 

Campbell .............................................................................. 4.88 3.74 2.54 2.09 1.81 

Kenton .................................................................................. 8.37 6.33 4.23 3.47 3.01 

Mobile Total .................................................................. 21.78 16.71 11.40 9.46 8.27 

Northern Kentucky Total ........................................ 79.19 73.45 67.37 65.72 64.72 

* Calculated using MOBILE6.2. 

EPA has determined that the 

Commonwealth’s redesignation request 

meets all of the CAA redesignation 

criteria for the 1997 8-hour ozone 

NAAQS. EPA’s May 12, 2010, proposed 

rulemaking, as supplemented by today’s 

notice, specifically addresses each of the 

criteria and provides detailed analysis 

of how they are met. 

VI. Final Action 

After evaluating Kentucky’s 

redesignation request and comments 

received, EPA is taking final action to 

approve the redesignation and change 

the legal designation of Boone, 

Campbell and Kenton Counties in 

Kentucky (as part of the CincinnatiHamilton Area) from nonattainment to 

attainment for the 1997 8-hour ozone 

NAAQS. EPA has already taken final 

action to approve the redesignation 

requests, emission inventories and 

maintenance plans for the Ohio and 

Indiana portions of this Area in a 

separate but coordinated action. See 75 

FR 26118. Through this action, EPA is 

also approving into the Kentucky SIP, 

the 1997 8-hour ozone maintenance 

plan for Northern Kentucky, which 

includes the new NOx MVEBs of 14.40 

tpd for 2015, and 13.27 tpd for 2020; 

and new VOC MVEBs of 9.76 tpd for 

2015, and 10.07 tpd for 2020. 

Additionally, EPA is approving the 

emissions inventory for Northern 

Kentucky pursuant to section 172(c)(3) 

of the CAA. Finally, EPA is finding the 

new Northern Kentucky MVEBs are 

adequate for the purposes of 

transportation conformity. Within 24 

months from the effective date of EPA’s 

adequacy finding for the MVEBs, the 

transportation partners will need to 

demonstrate conformity to the new NOx 

and VOC MVEBs pursuant to 40 CFR 

93.104(e). 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which after publication it 

provides that rulemaking actions may 

become effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the 

Commonwealth of various requirements 

for the Northern Kentucky Area. For 

these reasons, EPA finds good cause 

under 5 U.S.C. 553(d)(3) for this action 

to become effective on the date of 

publication of this action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 


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located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 4, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Intergovernmental relations, and 

Volatile organic compounds. 

40 CFR Part 81 

Environmental protection and Air 

pollution control. 

Dated: July 26, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ Accordingly, 40 CFR parts 52 and 81 

are amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. Section 52.920(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Northern Kentucky 8-Hour 

Ozone Maintenance Plan’’ to read as 

follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

Northern Kentucky 8-Hour 

Ozone Maintenance plan.

Boone, Campbell and Kenton 

Counties in Kentucky.

1/29/2010 8/5/2010 [Insert citation of 

publication].

For the 1997 8-hour ozone 

NAAQS. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.318, the table entitled 

‘‘Kentucky-Ozone (8-Hour Standard)’’ is 

amended under ‘‘Cincinnati-Hamilton, 

OH-KY-IN’’ by revising the entries for 

‘‘Boone County,’’ ‘‘Campbell County,’’ 

and ‘‘Kenton County’’ to read as follows: 

§ 81.318 Kentucky. 

* * * * * 

KENTUCKY-OZONE

[8-Hour Standard] 

Designated 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Cincinnati-Hamilton, 

OH-KY-IN: 

Boone County ...... This action is effective 08/05/10 ..................... Attainment 

Campbell County This action is effective 08/05/10 ..................... Attainment 

Kenton County ..... This action is effective 08/05/10 ..................... Attainment 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 


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* * * * * 

[FR Doc. 2010–19170 Filed 8–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–2009–0570; FRL–9172–6] 

Louisiana: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of Approved State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of 

Louisiana’s regulations, the EPA 

identified a variety of State-initiated 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). We have 

determined that these changes are minor 

and satisfy all requirements needed to 

qualify for Final authorization and are 

authorizing the State-initiated changes 

through this direct Final action. In 

addition, this document corrects 

technical errors made in various Federal 

Register authorization documents for 

Louisiana. 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the Environmental 

Protection Agency (EPA) to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. The 

rule codifies in the regulations the prior 

approval of Louisiana’s hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s statutes and regulations. 

DATES: This regulation is effective 

October 4, 2010, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

September 7, 2010. If the EPA receives 

such comments, it will publish a timely 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of October 4, 2010 in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. E-mail: patterson.alima@epa.gov or 

banks.julia@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, Codification Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, or Julia Banks, Codification 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2009– 

0570. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the 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 the 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, the 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 the EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the 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 the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.spa.gov/epahome/ 

dockets.htm). 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4 p.m. Monday through Friday at the 

following location: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas, 75202– 

2733, phone number (214) 665–8533 or 

(214) 665–8178. Interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator, State/ 

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, (214) 665–8533 or (214) 665– 

8178, EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, and e-mail 

address patterson.alima@epa.gov or 

banks.julia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated 

Changes 

A. Why are revisions to State programs 

necessary? 

States which have received Final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that Louisiana’s 

revisions to its authorized program meet 

all of the statutory and regulatory 

requirements established by RCRA. We 

found that the State-initiated changes 

make Louisiana’s rules more clear or 

conform more closely to the Federal 

equivalents and are so minor in nature 

that a formal application is unnecessary. 

Therefore, we grant Louisiana final 

authorization to operate its hazardous 


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