Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68471 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

‘‘10–5.500’’ to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title 

State 

effective 

date 

EPA 

approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.500 .......... Control of Emissions From 

Volatile Organic Liquid Storage.

7/30/2020 10/4/2023, [insert Federal Register citation].Section (2)(N)4 is not SIP-approved. Section 

(5)(F) retains a previously approved version of 

the state rule text. 

* * * * * * * 

* * * * * 

[FR Doc. 2023–22088 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2022–0982; FRL–11119– 

02–R4] 

Air Plan Approval and Air Quality 

Designation; KY; Redesignation of the 

Northern Kentucky Portion of the 

Cincinnati, OH-KY 2015 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On September 21, 2022, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet (Cabinet), Division of Air 

Quality (DAQ), submitted a request for 

the Environmental Protection Agency 

(EPA) to redesignate the Northern 

Kentucky portion (hereinafter referred 

to as the ‘‘Northern Kentucky Area’’ or 

‘‘Area’’) of the Cincinnati, OhioKentucky, 2015 8-hour ozone 

nonattainment area (hereinafter referred 

to as the ‘‘Cincinnati, OH-KY Area’’) to 

attainment for the 2015 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or standards) and to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the Area. The Cabinet submitted this 

request and SIP revision through a letter 

dated September 20, 2022, and 

supplemented it on November 22, 2022. 

EPA is approving the Commonwealth’s 

plan for maintaining attainment of the 

2015 8-hour ozone standard in the 

Northern Kentucky Area, including the 

motor vehicle emission budgets 

(budgets) for nitrogen oxides (NOX) and 

volatile organic compounds (VOCs) for 

the years of 2026 and 2035 for the Area, 

incorporating the maintenance plan into 

the SIP, and redesignating the Area to 

attainment for the 2015 8-hour ozone 

NAAQS. EPA previously approved the 

redesignation request and maintenance 

plan for the Ohio portion of the 

Cincinnati, OH-KY Area. Additionally, 

EPA finds the 2026 and 2035 budgets 

for the Area adequate for the purpose of 

transportation conformity. 

DATES: This rule is effective November 

3, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0982. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Evan Adams, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9009. Mr. Evan Adams can also be 

reached via electronic mail at 

adams.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of EPA’s Final Actions 

EPA is taking the following separate 

but related actions addressing the 

September 21, 2022, submittal: (1) 

approving Kentucky’s plan for 

maintaining the 2015 ozone NAAQS 

(maintenance plan), including the 

associated budgets, in the Northern 

Kentucky Area and incorporating the 

plan into the SIP, and (2) redesignating 

the Northern Kentucky Area to 

attainment for the 2015 8-hour ozone 

NAAQS. EPA also finds the 2026 and 

2035 budgets for the Area adequate for 

the purpose of transportation 

conformity. The Northern Kentucky 

Area is composed of portions of Boone, 

Campbell, and Kenton Counties in 


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68472 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

1EPA reviewed complete, quality-assured, and 

certified ozone monitoring data from monitoring 

stations in the Cincinnati, OH-KY Area for the 2015 

8-hour ozone NAAQS for 2020 through 2022 and 

has determined that the design values for each 

monitor in the Area are equal to or less than the 

standard of 0.070 ppm for that time period. Final 

air quality design values for all criteria pollutants, 

including ozone, are available at https://

www.epa.gov/air-trends/air-quality-design-values. 

2CAA Section 172(c)(3) states ‘‘Such 

[nonattainment] plan provisions shall include a 

comprehensive, accurate, current inventory of 

actual emissions from all sources of the relevant 

pollutant or pollutants in such area, including such 

periodic revisions as the Administrator may 

determine necessary to assure that the requirements 

of this part are met.’’ 

3See, e.g., 83 FR 62998, 63022 (December 6, 

2018) (citing the CAA section 172(c) requirement 

that nonattainment area emissions inventories be 

based on the most comprehensive, accurate and 

current information available). 

Kentucky. The Cincinnati, OH-KY Area 

is composed of the Northern Kentucky 

Area and the counties of Butler, 

Clermont, Hamilton, and Warren in 

Ohio. 

EPA is taking final action to approve 

Kentucky’s maintenance plan for the 

Northern Kentucky Area as meeting the 

requirements of section 175A, such 

approval being one of the Clean Air Act 

(CAA or Act) criteria for redesignating a 

nonattainment area to attainment, and 

to incorporate it into the SIP. The 

maintenance plan is designed to keep 

the Area in attainment of the 2015 8- 

hour ozone NAAQS through 2035. The 

maintenance plan includes 2026 and 

2035 budgets for NOX and VOCs for the 

Northern Kentucky Area for 

transportation conformity purposes. 

EPA is approving these budgets and 

incorporating them into the SIP. EPA is 

also taking final action to redesignate 

the Northern Kentucky Area to 

attainment pursuant to section 107(d)(3) 

of the CAA. 

EPA is also approving the budgets for 

the Northern Kentucky Area through 

EPA’s adequacy process. The Adequacy 

comment period began on September 

28, 2022, with EPA’s posting of the 

availability of Kentucky’s submission on 

EPA’s Adequacy website (https://

www.epa.gov/state-and-localtransportation/state-implementationplans-sip-submissions-currently-underepa). The Adequacy comment period for 

these budgets closed on October 28, 

2022. No comments, adverse or 

otherwise, were received during the 

Adequacy comment period. 

II. Background 

Upon promulgation of a new or 

revised ozone NAAQS, section 107(d) of 

the CAA requires EPA to designate as 

nonattainment any area that is violating 

the NAAQS (or that contributes to 

ambient air quality in a nearby area that 

is violating the NAAQS). As part of the 

designations process for the 2015 8-hour 

ozone NAAQS, EPA designated the 

Cincinnati, OH-KY Area as a ‘‘Marginal’’ 

ozone nonattainment area, effective 

August 3, 2018. See 83 FR 25776 (June 

4, 2018). Subsequently, EPA proposed 

to determine that the Cincinnati, OH-KY 

Area had failed to attain by its August 

3, 2021, attainment date (based on 

2018–2020 air quality monitoring data) 

and to reclassify the Cincinnati, OH-KY 

Area as a Moderate nonattainment area 

on April 13, 2022. Prior to finalizing the 

determination and reclassification, EPA 

redesignated the Ohio portion of the 

Cincinnati, OH-KY Area to attainment 

for the 2015 8-hour ozone NAAQS 

based on 2019–2021 air quality 

monitoring data. See 87 FR 35104 (June 

9, 2022). EPA finalized the 

reclassification of the Kentucky portion 

of the Cincinnati, OH-KY Area as 

Moderate on October 7, 2022 (87 FR 

60897). On September 21, 2022, 

Kentucky requested that EPA 

redesignate the Northern Kentucky Area 

to attainment for the 2015 8-hour ozone 

NAAQS and submitted a SIP revision 

containing the Commonwealth’s plan 

for maintaining attainment of the 2015 

8-hour ozone standard in the Area, 

including 2026 and 2035 budgets for 

NOX and VOC for the Northern 

Kentucky Area. 

In a notice of proposed rulemaking 

(NPRM) published on July 28, 2023 (88 

FR 48772), EPA proposed to approve the 

maintenance plan, including the 2026 

and 2035 budgets for NOX and VOC, 

and incorporate the plan into the 

Kentucky SIP and to redesignate the 

Northern Kentucky Area to attainment 

for the 2015 8-hour ozone NAAQS. EPA 

proposed to redesignate the Area based, 

in part, on an attaining 2019–2021 

design value of 0.070 ppm for the 

Cincinnati, OH-KY Area. EPA is 

finalizing the redesignation based on the 

area’s attainment, including the 2020– 

2022 design value of 0.069 ppm for the 

Cincinnati, OH-KY Area.1 Preliminary 

2023 monitoring data also indicates 

continued attainment of the 2015 8-hour 

ozone NAAQS. In the NPRM, EPA 

notified the public of the status of the 

Agency’s adequacy determination for 

the NOX and VOC budgets for the 

Northern Kentucky Area. The details of 

Kentucky’s submittal and the rationale 

for EPA’s actions are further explained 

in the NPRM. 

III. Response to Comments 

Comments on the July 28, 2023, 

NPRM were due on or before August 28, 

2023. EPA received one set of comments 

on the NPRM. The commenter concurs 

with the proposed rule, and EPA 

appreciates the commenter’s support. 

EPA responds below to the commenter’s 

general concerns regarding vehicle 

emissions, emissions modeling, and 

ozone. 

Comment 1: The commenter cautions 

EPA against ‘‘relying on speculative 

emissions reductions from newer 

vehicles’’ and states that multiple realworld tests have found that emissions 

control devices on vehicles can make 

emissions worse. The commenter also 

questions the use of vehicular emissions 

modeling rather than real-world 

measurements as it relates to the CAA 

requirement that states submit a 

comprehensive, accurate, and current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of an ozone 

nonattainment area, and urges EPA to 

use caution when relying on modeling 

to ‘‘report vehicular-emissions data/ 

MVEBs rather than actual testing as 

models rely on vehicles complying with 

CFR standards which in some cases is 

not the case.’’ 

Response 1: In order to redesignate a 

nonattainment area to attainment, the 

CAA requires EPA to determine that the 

area has attained the applicable 

NAAQS. See CAA section 

107(d)(3)(E)(i). EPA is redesignating the 

Northern Kentucky Area to attainment 

based on complete, quality assured, and 

certified ozone monitoring data from 

monitoring stations in the Cincinnati, 

OH-KY Area which show that the most 

recent design values for each monitor in 

that area are equal to or less than the 

2015 8-hour ozone NAAQS. EPA did 

not rely on modeling or speculative 

emission reductions to determine, 

pursuant to CAA section 107(d)(3)(E)(i), 

that the Cincinnati, OH-KY Area has 

attained this NAAQS. 

The commenter’s concern about the 

use of emissions modeling to meet the 

CAA requirement that states submit a 

comprehensive, accurate, and current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of an ozone 

nonattainment area relates to the 

nonattainment inventory requirement at 

CAA section 172(c)(3).2 CAA section 

182(a)(1) requires states with marginal 

ozone nonattainment areas to submit 

emissions inventories that comply with 

section 172(c)(3), and all mobile source 

inventories developed for 2015 ozone 

NAAQS implementation should use the 

latest emissions models available at the 

time that the attainment plan inventory 

is developed.3 As discussed in the 

NPRM, EPA approved the section 

182(a)(1) emissions inventory for the 

Area in an action published on 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68473 

4EPA, Policy Guidance on the Use of MOVES3 

for State Implementation Plan Development, 

Transportation Conformity, General Conformity, 

and Other Purposes, EPA–420–B–20–044 

(November 2020) at p.2, available at https://

nepis.epa.gov/Exe/ 

ZyPDF.cgi?Dockey=P1010LXH.pdf. 

5See, e.g., id. at p.8; 40 CFR 93.111. 6See, e.g., ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division (September 4, 1992) at pp.8– 

10 (stating that attainment inventories should be 

consistent with EPA’s most recent guidance on 

emissions inventories for nonattainment areas and 

discussing emissions inventory-based maintenance 

demonstrations), available at https://www.epa.gov/ 

sites/default/files/2016-03/documents/calcagni_

memo_-_procedures_for_processing_requests_to_

redesignate_areas_to_attainment_090492.pdf; infra 

footnote 7. 

7See, EPA, Policy Guidance on the Use of 

MOVES3 for State Implementation Plan 

Development, Transportation Conformity, General 

Conformity, and Other Purposes, EPA–420–B–20– 

044 (November 2020) at pp.7–8, available at https:// 

nepis.epa.gov/Exe/ 

ZyPDF.cgi?Dockey=P1010LXH.pdf. 

8See EPA’s August 21, 2023, news release titled 

‘‘EPA Initiates New Review of the Ozone National 

Ambient Air Quality Standards to Reflect the Latest 

Science,’’ available at https://www.epa.gov/ 

newsreleases/epa-initiates-new-review-ozonenational-ambient-air-quality-standards-reflectlatest#:∼:text=In%20October%202021%2C%20

EPA%20announced,the%20CASAC%20in%20that

%20review. 

September 30, 2022. See 87 FR 59320. 

Therefore, any comments regarding the 

use of mobile source modeling in the 

preparation of Kentucky’s 182(a)(1) 

inventory are untimely and beyond the 

scope of this rulemaking. 

On-road mobile source emissions 

were also used to develop the 

attainment inventory, maintenance 

demonstration, and budgets included in 

the maintenance plan and were derived 

from EPA’s MOVES model, which 

utilizes, among other things, real-world 

vehicle emissions test data. MOVES is 

EPA’s state-of-the-art model for 

estimating emissions from on-road 

mobile sources for SIP purposes and 

conformity determinations outside of 

California.4 Contrary to the commenter’s 

suggestion that vehicle emissions 

modeling does not reflect their realworld emissions, MOVES3 is based on 

the analyses of millions of emission test 

results and considerable advances in 

EPA’s understanding of vehicle 

emissions. Compared with the prior 

version of MOVES, MOVES3 

incorporates newer regulations and 

significant newer data, including 

improvements to heavy-duty (HD) diesel 

running emission rates based on 

manufacturer in-use testing data from 

hundreds of HD trucks and updated 

light-duty vehicle emission rates for 

hydrocarbons, CO, and NOX based on 

in-use testing data. See 86 FR 1106, 

1107 (January 7, 2021). Consistent with 

the CAA, MOVES is routinely used to 

develop budgets 5 as well as attainment 

inventories and maintenance 

demonstrations for CAA section 175A 

maintenance plans.6 Kentucky used 

MOVES3, i.e., the most recent version of 

MOVES available at the time that the 

Commonwealth developed its 

maintenance plan SIP revision, and to 

the extent that commenter is asserting 

this was improper, EPA does not agree 

for the reasons discussed above. EPA 

also notes that Kentucky’s use of 

MOVES3 in development of this 

maintenance plan SIP revision was 

consistent with EPA’s guidance.7

Finally, it is unclear how the 

commenter’s concern that ‘‘multiple 

real-world tests have found that 

emissions control devices on vehicles 

can make emissions worse’’ relates to 

EPA’s actions on the redesignation 

request and maintenance plan SIP 

revision. The impact of real-world 

vehicle emissions is already reflected in 

the ambient air quality data that EPA is 

using to redesignate the Area, and the 

MOVES modeling used to develop 

portions of the maintenance plan is 

based, in part, on post-control vehicle 

emissions. 

Comment 2: The commenter states 

that there is no safe level of ozone and 

that ‘‘while the monitoring data may 

indicate attainment, the lungs and other 

organs of Northern Kentuckians will 

continue to suffer permanent (and 

multigenerational) health damage as a 

result of ozone pollution at any 

concentration.’’ 

Response 2: EPA agrees that ozone 

has many adverse health impacts, 

including reduced lung function and 

pulmonary inflammation, which may 

lead to emergency room visits and 

premature deaths. See, e.g., 80 FR 

65292, 65294 (October 26, 2015). 

However, the commenter does not 

explain how the concerns about the 

health impacts from ozone exposure 

should influence EPA’s actions related 

to the redesignation of the Northern 

Kentucky Area. 

EPA’s redesignation means that air 

quality in the Cincinnati, OH-KY Area 

meets the 2015 8-hour ozone NAAQS. 

The NAAQS are designed to provide the 

requisite protection of public health and 

welfare, under section 109(b) of the 

CAA, and the CAA requires EPA to 

review the standards periodically to 

determine whether changes are 

warranted, and to respond to requests 

from states seeking to redesignate areas 

that have attained the standard. EPA has 

determined that Kentucky has met the 

statutory criteria for redesignation of the 

Area from nonattainment to attainment 

and is therefore redesignating the Area 

for the 2015 8-hour ozone NAAQS. EPA 

notes that the Agency recently 

announced a new review of the ozone 

NAAQS to ensure that the NAAQS 

reflect the most current, relevant science 

and protect human health.8

IV. Final Actions 

EPA is taking the following separate 

but related final actions. First, EPA is 

approving the maintenance plan for the 

Northern Kentucky Area, including the 

NOX and VOC budgets for 2026 and 

2035, and incorporating it into the 

Kentucky SIP. The maintenance plan 

demonstrates that the Area will 

continue to maintain the 2015 8-hour 

ozone NAAQS through 2035 and that 

the budgets meet all the adequacy 

criteria contained in 40 CFR 93.118(e)(4) 

and (5). Second, EPA is approving 

Kentucky’s redesignation request for the 

2015 8-hour ozone NAAQS for the 

Northern Kentucky Area. Approval of 

the redesignation request changes the 

official designation of a portion of 

Boone, Campbell, and Kenton Counties 

in Kentucky in the Cincinnati, OH-KY 

Area for the 2015 8-hour ozone NAAQS 

from nonattainment to attainment, as 

found at 40 CFR part 81. EPA previously 

approved the redesignation request and 

maintenance plan for the Ohio portion 

of the Cincinnati, OH-KY Area. EPA is 

also approving the newly established 

NOX and VOC budgets for the Northern 

Kentucky Area and finds the budgets 

adequate for the purpose of 

transportation conformity. Within 24 

months from this final rule, the 

transportation partners for the Northern 

Kentucky Area will need to demonstrate 

conformity to the new NOX and VOC 

budgets pursuant to 40 CFR 93.104(e). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

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. 


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68474 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these actions 

merely approve state law as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. For these reasons, 

these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because they are not significant 

regulatory actions under section 3(f)(1) 

of Executive Order 12866, and because 

EPA does not believe the environmental 

health or safety risks addressed by these 

actions present a disproportionate risk 

to children. These actions find that the 

area is attaining the NAAQS and 

approve a plan for maintaining the 

area’s air quality. 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); and 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Neither the Cabinet nor the Division 

evaluated EJ as part of its redesignation 

request or SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ as part 

of its actions on the redesignation 

request and SIP submittal. 

Consideration of EJ is not required as 

part of these actions, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for people of color, lowincome populations, and Indigenous 

peoples. 

These actions are subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. These 

actions are 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 these 

actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 4, 

2023. 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. These actions may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: September 28, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 81 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 2. In § 52.920(e), amend the table by 

adding a new entry at the end of the 

table for ‘‘2015 8-hour Ozone 

Maintenance Plan for the Kentucky 

Portion of the Cincinnati, OH-KY Area’’ 

to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68475 

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 

*******

2015 8-hour Ozone Maintenance Plan for the 

Kentucky Portion of the Cincinnati, OH-KY 

Area.

Portions of Boone, Campbell, and Kenton Counties.9/21/2022 10/4/2023, [Insert citation of 

publication].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.318, amend the table 

entitled ‘‘Kentucky—2015 8-Hour 

Ozone NAAQS’’ by revising the entry 

for ‘‘Cincinnati, OH-KY,’’ to read as 

follows: 

§ 81.318 Kentucky. 

* * * * * 

KENTUCKY—2015 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Cincinnati, OH-KY ....................................................................... November 8, 2023 ... Attainment.

Boone County (part): 

The entire county except for 2010 U.S. Census Tracts 

706.01 and 706.04.

Campbell County (part): 

The entire county except for 2010 U.S. Census Tracts 

520.01 and 520.02.

Kenton County (part): 

The entire county except for 2010 US Census Tracts 

637.01 and 637.02.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2023–21866 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0508 and EPA–HQ– 

OPP–2022–0672; FRL–11407–01–OCSPP] 

Cypermethrin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of cypermethrin 

in or on multiple commodities that are 

identified and discussed later in this 

document. The Tea Association of the 

U.S.A. Inc. and the American Spice 

Trade Association requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 4, 2023. Objections and 

requests for hearings must be received 

on or before December 4, 2023 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0508 and 

EPA–HQ–OPP–2022–0672, is available 

at https://www.regulations.gov or at the 

Office of Pesticide Programs Regulatory 

Public Docket (OPP Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 


lotter on DSK11XQN23PROD with RULES1