ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 52 and 81 

EPA-R04-OAR-2010-0134-201027; FRL- ] 

Approval and Promulgation of Implementation Plans and Designation of Areas for Air 

Quality Planning Purposes; Kentucky; Redesignation of the Kentucky Portion of the 

Cincinnati-Hamilton 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 %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 %hour ozone area. 

EFFECTIVE DATE: This rule will be effective [insert date of publication in the 

Federal Register]. 

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 

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 

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.ianeOepa.aov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the Background for the Actions? 

11. What Actions is EPA Taking? 

111. 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-how 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 Nofthern 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 area as follows: 

Table 1 

NORTHERN KENTUCKY VOC AND NOx MVEBs 

(summer season tons per day (tpd)) 

I Year 

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 Cincinnati-Hamilton Area (75 FR 261 18, 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 %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 

2015 I 2020 

NOx 

VOC 

14.40 

9.76 

13.27 

10.07 
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 FR26685), 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 

OH-KY-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 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 

Cincinnati-Hamilton OH-KY-IN Area (parts per million) 

Clermont F Clinton 

Hamilton 

- 

Warren 

F Campbell 

I 

I Kenton 

Kentucky 

Monitor 2007 2008 2009 2007- 

4th 4th 4th 2009 

high high high average 

Boone 

(PP~) (PP~) (PP~) (ppm) 

Hamilton 0.091 0.071 0.073 0.078 

39-017-0004 

Middletown 0.091 0.079 0.076 0.082 

Batavia 1 0.086 1 0.071 1 0.069 1 0.075 

39-025-0022 

Wilmington 

Cincinnati 

39-06 1-0006 1111 

39-027-1022 

Grooms Rd., 

0.082 

Lower River I 1 I I 

Road 

0.089 

Cleves 

39-061-0010 

250 Wm. 

Howard Taft, 

Cincinnati 

3 9-06 1-0040 

Lebanon 

0.076 

0.086 

0.086 

0.086 

0.088 

2 1 -0l5-OOO3, 

Highland 

What Actions is EPA Taking? 

In today's rulemaking, EPA is finalizing several related actions. EPA is 

0.070 

21-037-3002 

Covington 

approving: (1) Kentucky's redesignation request to change the legal designation of the 

Northern Kentucky portion of the Cincinnati-Hamilton Area from nonattainment to 

0.076 

0.072 

0.077 

0.080 

0.082 

0.086 

0.082 

0.085 

0.065 

0.074 

0.077 

0.075 

0.076 

0.080 

0.082 

0.073 

0.068 0.076 

0.074 0.077 
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 Cincinnati-Hamilton 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. 

111. 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 

20 15 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 CincinnatiHamilton 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 201 5 and 2020 for Northern Kentucky. Additionally, this action 
approves the emissions inventory for Northern Kentucky pursuant to section 172(c)(3) of 

the CAA.' 

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 inaintenance plan emissions iiwentories. EPA's 

response to the comment is provided below. 

Comment: The Comrnenter, the Allegheny County Health Depmment 

states: "In Table 3 of the proposed approval Federal Register the nonroad total for 201 8 

VOC should be 7.43 tons per day (tpd) not 7.68 tpd and the 2018 VOC totaI for all 

sources should be 40.10 tpd when the nonroad total is corrected." 

Response: EPA acknowledges the Cormnentor'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 Northem 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 

-- 

I On May 11,2010, EPA took finaleaction 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 261 18). 
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 fro~n the 2008 

baseline to the 2020 outyear. 
Table 3. Northern Kentucky VOC Emissions 

I I I I I 

Point 

Boone 

1 Area I 

I I I I I 

2.81 

Campbell 

I I I I I 

Campbell 4.34 4.28 1 4.20 1 4.20 1 4.20 

2.90 1 3.04 1 3.14 1 3.20 

Boone 

"Calculated using MOBILE6.2 

0.28 0.29 1 0.30 1 0.3 1 1 0.31 

8.41 8.45 1 8.50 1 8.50 / 8.50 
Table 4. Northern Kentucky NOx Emissions 

(tpd) 

I Area I 

2020 

Point 

2018 

26.47 

0.03 

0.03 

Nonroad I 

2008 2015 

25.91 

0.03 

0.03 

Boone 1 1.02 10.47 1 9.77 1 9.60 1 9.48 1 

2011 

25.08 

0.02 

0.03 

24.04 

0.02 

0.03 

Boone 

Campbell 

Kenton 

5.03 

1.30 

4.02 

Boone 

Campbell 

Kenton 

23 -27 

0.02 

0.03 

5.03 

1.30 

4.02 

5.02 

1.31 

4.04 

5.02 

1.32 

4.06 

Campbell 

5.03 

1.30 

4.02 

I I I I 1 

5.34 

Kenton 

Boone I I , I I 

- - 

*Calculated using MOBILE6.2 

5.00 

7.33 

8.53 

Campbell 

I I 1 I I 

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, 

20 10, proposed rulemaking, as supplemented by today's notice, specifically addresses 

each of the criteria and provides detailed analysis of how they are met. 

6.81 1 6.15 ( 5.91 1 5.75 

6.64 1 4.63 1 3.90 1 3.45 

Kenton 

4.57 

4.88 3.74 1 2.54 1 2.09 1 1.81 

8.37 

4.43 

6.33 1 4.23 1 3.47 1 3.01 

4.34 
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 Cincinnati-Hamilton 

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 26 1 18. 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 the 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)(l), 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 

(Public Law 104-4); 

does not have Federalism implications as specified in Executive Order 13 132 (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 1321 1 (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 

13 175 (65 FR 67249, November 9,2000), because the SIP is not approved to apply in 

Indian country 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)(l) 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 

[FEDERAL REGISTER OFFICE: insert date 60 days from date of vublication of this 

document in the Federal Register]. 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 CF'R Part 81 

Environmental protection and Air pollution control. 

Dated: 7 - ZL -2dlr) 

A. Stanley Meiburg 

Acting Regional Administrator, 

Region 4. 
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: 

8 52.920 Identification of plan. 

(e) * * * 

regulatory SIP geographic or 

provision nonattainment area 

Northern Kentucky 

8-Hour Ozone 

Maintenance plan 

Boone, Campbell 

and Kenton 

Counties in 

Kentucky 

xky Non-renul 

State 

submittal 

date/effective 

date 

tory Provisions 

EPA 

approval date 

[Insert date 

of 

publication in 

Federal 

Re~s terl

[Insert 

citation of 

publication] 

=I For the 1997 

8-hour ozone 

NAAQS 
PART 81-[AMENDED] 

2. The authority citation for part 81 continues to read as follows: 

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

3. In S81.318, 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: 

9 81.318 Kentucky. 

***** 

Designated 

Kentucky-Ozone (8-Hour Standard) I 

Cincinnati-Hamilton, OH- KY-IN: 

Boone County 

Campbell County 

Kenton County 

This action is 

effective 

([Insert date 

of publication 

in the Federal 

kegisterl 

This action is 

effective 

[Insert date 

of publication 

in the Federal 

Register1 

This action is 

effective 

[Insert date 

of publication 

in the Federal 

Register1 

Attainment 

Attainment 

Attainment 
I I I I I I " Includes Indian Country located in each county or area, except as otherwise specified. 

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

*****