### ENVIRONMENTAL PROTECTIONAGENCY 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-HourOzoneNonattainment 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 Commonwealthof Kentucky, through the KentuckyEnergy and Environment Cabinet, Division for Air Quality (DAQ), to redesignate the Kentucky portion of the tri-stateCincinnati-Hamilton8-hour ozonenonattainment area (hereafter referred to as "the Cincinnati-HamiltonArea") to attainmentfor the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Cincinnati-HamiltonArea 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 determinationthat Northern Kentuckyhas met the criteria for redesignation to attainment set forth in the CleanAir Act (CAA), including the determinationthat the Cincinnati-HamiltonArea has attainedthe 1997 8-hour ozone NAAQS. Additionally,EPA is approving a revision to the Kentucky State Implementation Plan 

### (SIP) including the 1997 %hour ozone maintenanceplan 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 redesignationrequests submitted by the Statesof Ohio and Indiana for their portions of this 

### 1997 %hour ozone area.



### EFFECTIVE DATE: This rule will be effective [insertdate 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.govWeb site. Although listed in the index, some information is not publicly available,i.e., ConfidentialBusiness Information or other informationwhose 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 PlanningBranch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61Forsyth 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 scheduleyour inspection. The Regional Office's officialhours of business are Monday through Friday, 8:30 to 4:30, excluding

### federal holidays..



### FOR FURTHER INFORMATIONCONTACT: 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 Spannmay 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 isEPA Taking TheseActions? IV. What are the Effects of TheseActions? V. Response to Comments 

### VI. Final Action VII. Statutory and ExecutiveOrder Reviews

I. What is the Background for theActions? 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 attainmentfor the 1997 8-how ozone NAAQS, and for EPA approval of the Kentucky SIP revision containing a maintenanceplan for Northern Kentucky. In 

### an

### action published on May 12,2010 (75 

### FR 26685), EPA proposed to approve the redesignation of Nofthern Kentuckyto attainment. 

### EPA alsoproposed 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 12,2010proposal. The MVEBs included in the maintenance plan area as follows:
Table 1 

### NORTHERN KENTUCKY VOC 

### AND NOx 

### MVEBs (summer seasontons 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 transportationconformity. 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 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 %hour ozoneNAAQS, for which designations were finalized on April 30,2004 (69

### FR 23857). In 

### 2008, EPA issued a revised 8-hour ozone NAAQS

### ,which is currentlyunder 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 subsequentlyrevised and promulgated ozone NAAQS. 

### In this finalrulemaking,

### EPA is noting a correctionfor the site identification numbers listed in EPA's May 12,2010(75FR26685),proposed approval. Specifically, the air quality monitor site identificationnumber (ID) 

### listed in 

### Table 2 (Annual4th 

### Max High and Design Value Concentrationfor 8-HourOzonefor the Cincinnati-Hamilton OH-KY-IN Area (parts 

### per million)) of EPA's May 12,2010proposed rulemaking, column 3 labeled "Monitor" were incorrectfor the Boone and 

### Campbell County, Kentucky entries. The site monitor IDSshouldread: Boone County 

### - KY 338 & 

### Lower River Road 21-015-0003and Campbell County 

### - Highland Heights 21-037-3002. Please
seebelow forthe corrected table.

### Table 2. Annual 4th 

### Max High and Design Value Concentration for 8-HourOzone for the Cincinnati-Hamilton OH-KY-INArea (parts per million)

Clermont

Clinton 

# F

Hamilton



### - Warren

Campbell 

# F I

Kenton 

# I 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 

### 39-061-0006 

# 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

9-061-0040 Lebanon 

### 0.076 0.086
0.086 0.086

0.088



### 21 -0l5-OOO3, Highland



### What Actions is EPA Taking? In today's rulemaking,EPA is finalizing severalrelated actions. EPA is 

### 0.070



### 21-037-3002 Covington

approving: 

### (1) Kentucky's redesignation requestto change the legal designationof the Northern Kentucky portion of the Cincinnati-Hamilton Area from nonattainmentto 

### 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 ozoneNAAQS; (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 ozoneNAAQS through 2020. EPA's approval of 

### the redesignation request is based
on EPA's determinationthat Northern Kentucky meets the criteriafor redesignation set forth in CAA, sections 107(d)(3)(E)and 175A,includingEPA's determination that the Cincinnati-Hamilton Area has attained the 1997 8-hour ozoneNAAQS. EPA's analyses of Kentucky's redesignation request, emissions inventory, and maintenanceplan are described in detail in the May 12,2010proposed 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 approvingthese 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 determinedthat the Cincinnati-Hamilton Area has attained the 1997 8- 

### hour ozoneNAAQS and has also determinedthat all other criteria forthe redesignation

### of Northern Kentucky (aspart of the Cincinnati-HamiltonArea) 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 175Aand 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 15and 2020 as 

### contained in Kentucky's maintenanceplan for Northern Kentucky because these MVEBs are consistent with maintenancefor the Cincinnati-HamiltonArea. 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. Thebases and rationale for EPA's findings and actions are set forth in the proposed rulemaking, and in the responses to comments and other discussionin this final rulemaking.



### IV. What are the Effects of These Actions? Approval of the redesignationrequest changes the legal designation of Boone, Campbell and Kenton Counties in Kentucky (the Kentucky portion of the CincinnatiHamilton Area) from nonattainment to attainmentforthe 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-HamiltonArea through 2020. Themaintenance plan includes contingency measures to remedy possible futureviolations ofthe 1997 8-hour ozone NAAQS, and establishes NOx and VOC MVEBs for the years 2015 and 2020 for Northern Kentucky. Additionally, this actionapproves 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 CountyHealth Depmment states: "In Table 3 of the proposed approval Federal Register the nonroad total for 2018 VOC should be 7.43 tons per day (tpd) not 7.68 tpd and the 2018 VOC totaI for all
sources shouldbe 40.10 tpd when the nonroad total is corrected."


### Response: EPA acknowledgesthe 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 ofthese 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 emissionstotals 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 respectiveportions 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 14.48tpd 

### reduction in 

### NOx emissions fro~n 

### the 2008 baseline to the 2020 outyear.

### Table 3. 

### Northern Kentucky 

### VOCEmissions

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 0.31 

# 1 0.31

8.41 8.45 

# 1 8.50 

# 1 8.50 

# / 8.50

### Table 4. 

### Northern KentuckyNOxEmissions (tpd)



# I Area 

# I 2020 

### Point 2018
26.47 0.03 0.03



### Nonroad 

# I 2015 2008
25.91 0.03 0.03

Boone 

### 11.02 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 supplementedby 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 designationof Boone, Campbell and Kenton Counties in Kentucky (as part of the Cincinnati-Hamilton Area) from nonattainment to attainment for the 1997 8-hour ozoneNAAQS. EPA has already taken final action to approve the redesignation requests, emissioninventories and maintenanceplans for the Ohio and Indiana portions of this Area in a separatebut coordinated action. See 75 

### FR 26 118. Through this action,EPA is also approving into the Kentucky SIP,the 1997 8-hour ozonemaintenance 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 findingthe 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 redesignationto 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 

### 5U.S.C. 553(d)(l), which after publication itprovides that rulemaking actions may become effective less than 30 daysafter publication if the rule "grants or recognizes an exemption or relieves arestriction," and section 553(d)(3),which allows an effectivedate less than 

### 30 days after publication "as otherwiseprovided 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 Commonwealthof various requirementsfor the Northern Kentucky Area. For these reasons, EPA finds good causeunder 5 U.S. C. 553(d)(3) for this action to become effectiveon the date of publication of this action.



### VII. StatutoryandExecutive Order Reviews Under 'the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicableFederal 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 additionalrequirements beyond those imposed by state law. For that reason, this action: is not 

### a "significant regulatory action" subjectto review by the Office of Management and Budget under Executive Order 12866 (58FR 51735, October 4, 1993); does not impose an information collectionburden 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 substantialnumber of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.); 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 13132 (64 

### FR 43255, August 10,1999); is not an economically significant regulatory actionbased 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 inconsistentwith the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionatehuman health or environmentaleffects,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 specifiedby Executive Order 13175 (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 addedby the Small Business RegulatoryEnforcement 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 containingthis action and other required information to the U.S. Senate,the U.S. House of Representatives, and the ComptrollerGeneral of the United States prior to publicationof the rule in the Federal Register. A major rule cannot take effectuntil 60 days afterit 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 forjudicial review of this action mustbe filed in the United States Court of Appeals for the appropriate circuit by [FEDERALREGISTER OFFICE: insert date 60 days from date of vublication of this document in the Federal Register]. Filing a petition for reconsideration by the Administratorof this final rule does not affectthe finalityof this actionfor the purposes ofjudicial review nor does it extend the time within which apetition forjudicial 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, Intergovernmentalrelations,and Volatile organic compounds.

40 

### CF'R Part 81 Environmental protection andAir 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. 

### SubpartS

# - 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 MaintenancePlan" to read as follows: 

### 8 52.920 

### Identificationof plan.
(e) 

## * * *

regulatory SIP geographic or provision nonattainment area
Northern Kentucky 8-Hour Ozone Maintenance plan Boone, Campbell and Kenton Counties in Kentucky xkyNon-renul State submittal date/effective date tory Provisions EPA approval date

[Insert date of publication in Federal Re~s terl [Insert citation of publication] For the 1997 

# =I

8-hour ozone NAAQSPART 81-[AMENDED] 2. The authority citation for part 81continuesto 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 entriesfor "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 ofpublication in the Federal Register1 This action is effective [Insert date of publication in the Federal Register1 Attainment

Attainment

AttainmentI I I I I I 

## " Includes Indian Country located in each county or area, except as otherwise specified. 1This date is June 15,2004,unless otherwise noted. 

## *****