33726 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 

■ 36. In § 254.15, revise the last 

sentence of paragraph (c)(2) to read as 

follows: 

§ 254.15 Title standards. 

* * * * * 

(c) * * * 

(2) * * * If an agreement cannot be 

reached, the authorized officer shall 

consider other alternatives to 

accommodate the authorized use or 

shall determine whether there are 

specific and compelling reasons in the 

public interest for revoking the 

authorization for that use pursuant to 36 

CFR 251.60. 

PART 292—NATIONAL RECREATION 

AREAS 

Subpart C—Sawtooth National 

Recreation Area—Private Lands 

■ 37. The authority citation for part 292, 

subpart C, continues to read as follows: 

Authority: Sec. 4(a), Act of Aug. 22, 1972 

(86 Stat. 613). 

■ 38. In § 292.15, revise paragraph (l) to 

read as follows: 

§ 292.15 General provisions—procedures. 

* * * * * 

(l) Appeals. Denial or revocation of a 

certification of compliance under this 

subpart is subject to appeal under 36 

CFR part 214. 

Subpart D—Sawtooth National 

Recreation Area—Federal Lands 

■ 39. The authority citation for part 292, 

subpart D, is revised to read as follows: 

Authority: 16 U.S.C. 460aa–10, 478, 551. 

■ 40. In § 292.18, revise paragraph (f) to 

read as follows: 

§ 292.18 Mineral resources. 

* * * * * 

(f) Operating plans—suspension, 

revocation, or modification. The 

authorized officer may suspend or 

revoke authorization to operate in whole 

or in part where such operations are 

causing substantial impairment which 

cannot be mitigated. At any time during 

operations under an approved operating 

plan, the operator may be required to 

modify the operating plan to minimize 

or avoid substantial impairment of the 

values of the SNRA. 

* * * * * 

Dated: March 25, 2013. 

Authur L. Blazer, 

Deputy, Under Secretary, U.S. Forest Service. 

[FR Doc. 2013–13260 Filed 6–4–13; 8:45 am] 

BILLING CODE 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0062; FRL–9820–1] 

Approval and Promulgation of 

Implementation Plans; Kentucky: 

Kentucky Portion of CincinnatiHamilton, Revision to the Motor 

Vehicle Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Kentucky State Implementation Plan 

(SIP), submitted to EPA on August 9, 

2012, by the Commonwealth of 

Kentucky, through the Kentucky Energy 

and Environment Cabinet, Division for 

Air Quality (DAQ). Kentucky’s August 

9, 2012, SIP revision includes changes 

to the maintenance plan for the 

Kentucky portion of the CincinnatiHamilton, OH–KY–IN, maintenance 

area for the 1997 8-hour ozone national 

ambient air quality standards (NAAQS). 

The Cincinnati-Hamilton, OH–KY–IN, 

maintenance area for the 1997 8-hour 

ozone NAAQS includes the counties of 

Boone, Campbell and Kenton in 

Kentucky (hereafter also referred to as 

Northern Kentucky); a portion of 

Dearborn County, Indiana; and the 

entire counties of Butler, Clermont, 

Clinton, Hamilton and Warren in Ohio. 

Kentucky’s August 9, 2012, SIP revision 

proposes to update the motor vehicle 

emissions budget using an updated 

mobile emissions model, the Motor 

Vehicle Emissions Simulator (also 

known as MOVES2010a), and to 

increase the safety margin allocated to 

motor vehicle emissions budgets 

(MVEBs or budgets) for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOC) for Northern Kentucky to account 

for changes in the emissions model and 

vehicle miles traveled (VMT) projection 

model. EPA is approving this SIP 

revision and deeming the MVEB 

adequate for transportation conformity 

purposes, because the Commonwealth 

has demonstrated that it is consistent 

with the Clean Air Act (CAA or Act). 

DATES: This rule is effective on August 

5, 2013 without further notice, unless 

EPA receives relevant adverse comment 

by July 5, 2013. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2013–0062 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2013–0062, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2013– 

0062. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 


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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 33727 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in 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: 

Kelly Sheckler, Air Quality and 

Transportation Modeling 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. Kelly 

Sheckler may be reached by phone at 

(404) 562–9222 or by electronic mail 

address sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this action? 

a. SIP Budgets and Transportation 

Conformity 

b. Prior Approval of Budgets 

c. The MOVES Emissions Model and 

Regional Transportation Conformity 

Grace Period 

d. Submissions of New Budgets Based on 

MOVES2010a 

II. What are the criteria for approval? 

III. What is EPA’s analysis of the 

Commonwealth’s SIP revision? 

a. Approvability of the MOVES2010aBased Budgets 

b. Applicability of MOVES2010a-Based 

Budgets 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Is the background for this 

action? 

a. SIP Budgets and Transportation 

Conformity 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIP revisions and maintenance plans for 

nonattainment and maintenance areas 

for a given NAAQS. These emission 

control strategy SIP revisions (e.g., 

reasonable further progress and 

attainment demonstration SIP revisions) 

and maintenance plans include budgets 

of on-road mobile source emissions for 

criteria pollutants and/or their 

precursors to address pollution from 

cars, trucks, and other on-road vehicles. 

SIP budgets are the portions of the total 

allowable emissions that are allocated to 

on-road vehicle use that, together with 

emissions from other sources in the 

area, will provide for attainment or 

maintenance. The budget serves as a 

ceiling on emissions from an area’s 

planned transportation system. For 

more information about budgets, see the 

preamble to the November 24, 1993, 

transportation conformity rule (58 FR 

62188). 

Under section 176(c) of the CAA, 

transportation plans, transportation 

improvement programs (TIPs), and 

transportation projects must ‘‘conform’’ 

to (i.e., be consistent with) the SIP 

before they can be adopted or approved. 

Conformity to the SIP means that 

transportation activities will not cause 

new air quality violations, worsen 

existing air quality violations, or delay 

timely attainment of the NAAQS or an 

interim milestone. The transportation 

conformity regulations can be found at 

40 CFR Parts 51 and 93. 

Before budgets can be used in 

conformity determinations, EPA must 

affirmatively find the budgets adequate. 

However, adequate budgets do not 

supersede approved budgets for the 

same CAA purpose. If the submitted SIP 

budgets are meant to replace budgets for 

the same CAA purpose and year(s) 

addressed by a previously approved SIP, 

as in the case of Kentucky’s 

MOVES2010a VOC and NOX budgets for 

the 1997 8-hour ozone NAAQS (the 

subject of this action), EPA must 

approve the revised SIP and budgets, 

and can affirm the budgets are adequate 

at the same time. Once EPA approves 

the SIP revision and determines the 

budgets adequate, the revised budgets 

must be used by the state and federal 

agencies in determining whether 

transportation activities conform to the 

SIP as required by section 176(c) of the 

CAA. EPA’s substantive criteria for 

determining the adequacy of budgets are 

set out in 40 CFR 93.118(e)(4). 

b. Prior Approval of Budgets 

Northern Kentucky, as part of the 

Cincinnati-Hamilton, OH–KY–IN area, 

was designated as nonattainment for the 

1997 8-hour ozone NAAQS effective 

June 15, 2004 (69 FR 23858).1

Subsequently, Northern Kentucky, as 

part of the Cincinnati-Hamilton, OH– 

KY–IN area, was redesignated as 

attainment for the 1997 8-hour ozone 

NAAQS on August 5, 2010, (75 FR 

47218). As part of this redesignation, 

EPA approved a 10-year air quality 

maintenance plan covering the years 

2010 through 2020. The 10-year air 

quality maintenance plan for Northern 

Kentucky established MVEBs for 2015 

and 2020 for transportation conformity 

purposes using the MOBILE 6.2 model 

which was the latest approved 

emissions model at that time. That plan 

satisfied the CAA requirement for a 

1997 8-hour ozone maintenance plan. 

The same counties in Northern 

Kentucky were designated 

nonattainment for the 1997 annual fine 

particulate matter (PM2.5) NAAQS. See 

70 FR 944 (January 5, 2005). 

Subsequently, on December 15, 2011, 

EPA approved a redesignation request 

for this same area for the 1997 annual 

PM2.5 from nonattainment to attainment. 

See 76 FR 77903. Kentucky’s 1997 

annual PM2.5 maintenance plan 

included MVEBs that were derived with 

the MOVES model—the latest approved 

emissions model at that time. 

Kentucky is taking the opportunity 

through the Commonwealth’s August 9, 

2012, SIP revision to align and update 

the mobile model used to derive the 

MVEBs for ozone for the ease of 

implementing transportation conformity 

requirements in the Northern Kentucky 

Area. Specifically, Kentucky has opted 

to update the 1997 8-hour ozone MVEBs 

with the MOVES model. This update 

would align the 1997 8-hour ozone 

MVEBs with the most current mobile 

model and would align these MVEBs 

with the mobile model (i.e., MOVES) 

that has to be used for both the ozone 

and PM2.5 transportation conformity 

analysis. 

c. The MOVES Emissions Model and 

Regional Transportation Conformity 

Grace Period 

The MOVES model is EPA’s state-ofthe-art tool for estimating highway 

emissions. The model is based on 

analyses of millions of emission test 

results and considerable advances in the 

Agency’s understanding of vehicle 

emissions. MOVES incorporates the 

latest emissions data, more 

sophisticated calculation algorithms, 

increased user flexibility, new software 

design, and significant new capabilities 

relative to those reflected in MOBILE 

6.2. 

EPA announced the release of 

MOVES2010 in March 2010 (75 FR 

9411). EPA subsequently released two 

minor model revisions: MOVES2010a in 

September 2010 and MOVES2010b in 


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2Upon the release of MOVES2010, EPA 

established a two-year grace period before MOVES 

is required to be used for regional conformity 

analyses (75 FR 9411). EPA subsequently 

promulgated a final rule on February 27, 2012, to 

provide an additional year before MOVES is 

required for these analyses (77 FR 11394). 

April 2012. Both of these minor 

revisions enhance model performance 

and do not significantly affect the 

criteria pollutant emissions results from 

MOVES2010. 

MOVES will be required for new 

regional emissions analyses for 

transportation conformity 

determinations (‘‘regional conformity 

analyses’’) outside of California that 

begin after March 2, 2013 (or when EPA 

approves MOVES-based budgets, 

whichever comes first).2 The MOVES 

grace period for regional conformity 

analyses applies to both the use of 

MOVES2010 and approved minor 

revisions (e.g., MOVES2010a and 

MOVES2010b). For more information, 

see EPA’s ‘‘Policy Guidance on the Use 

of MOVES2010 and Subsequent Minor 

Model Revisions for State 

Implementation Plan Development, 

Transportation Conformity, and Other 

Purposes’’ (April 2012), available online 

at: www.epa.gov/otaq/stateresources/ 

transconf/policy.htm#models. 

EPA encouraged areas to examine 

how MOVES would affect future 

transportation plan and TIP conformity 

determinations so, if necessary, SIPs 

and budgets could be revised with 

MOVES or transportation plans and 

TIPs could be revised (as appropriate) 

prior to the end of the regional 

transportation conformity grace period. 

EPA also encouraged state and local air 

agencies to consider how the release of 

MOVES would affect analyses 

supporting SIP submissions under 

development (77 FR 9411 and 77 FR 

11394). 

For consistency purposes with future 

Transportation conformity 

determinations, the interagency 

consultation partners for transportation 

conformity decided to update the 1997 

8-hour ozone MOBILE6.2-based MVEBs 

with MOVES 

d. Submission of New Budgets Based on 

MOVES2010a 

On August 9, 2012, the 

Commonwealth submitted a SIP 

revision to revise the 1997 8-hour ozone 

MVEBs using the MOVES2010a 

emissions model for the Kentucky 

portion of the Ohio, Kentucky and 

Indiana MSA. The revision reflects 

changes in emission estimates due to 

new emissions model, VMT projection 

models, and other emission model input 

data. The Indiana and Ohio portion of 

this Area have separate MVEBs. In its 

August 9, 2012, SIP revision, Kentucky 

also provides for a safety margin to the 

1997 8-hour ozone MVEBs for the years 

2015 and 2020 for both NOX and VOC. 

The 1997 8-hour ozone MVEBs 

(expressed in tons per day (tpd)) that are 

being updated through today’s action 

were originally approved by EPA on 

August 5, 2010 (75 FR 47218). These 

MVEBs were established for NOX and 

VOC for the years, 2015 and 2020. 

II. What are the criteria for approval? 

EPA has always required under the 

CAA that revisions to existing SIPs 

continue to meet applicable 

requirements (i.e., reasonable further 

progress (RFP), attainment, or 

maintenance). States that revise their 

existing SIPs to include MOVES budgets 

must therefore show that the SIP 

continues to meet applicable 

requirements with the new level of 

motor vehicle emissions contained in 

the budgets. The SIP must also meet any 

applicable SIP requirements under CAA 

section 110. 

In addition, the transportation 

conformity rule (40 CFR 

93.118(e)(4)(iv)) requires that ‘‘the motor 

vehicle emissions budget(s), when 

considered together with all other 

emissions sources, is consistent with 

applicable requirements for [RFP], 

attainment, or maintenance (whichever 

is relevant to the given implementation 

plan submission).’’ This and the other 

adequacy criteria found at 40 CFR 

93.118(e)(4) must be satisfied before 

EPA can find submitted budgets 

adequate or approve them for 

conformity purposes. 

In addition, areas can revise their 

budgets and inventories using MOVES 

without revising their entire SIP if: (1) 

The SIP continues to meet applicable 

requirements when the previous motor 

vehicle emissions inventories are 

replaced with MOVES base year and 

milestone, attainment, or maintenance 

year inventories; and (2) the state can 

document that growth and control 

strategy assumptions for non-motor 

vehicle sources continue to be valid and 

any minor updates do not change the 

overall conclusions of the SIP. For 

example, the first criterion could be 

satisfied by demonstrating that the 

emissions reductions between the base 

year and attainment or maintenance 

year are the same or greater using 

MOVES than they were previously. 

For more information, see EPA’s 

‘‘Policy Guidance on the Use of 

MOVES2010 and Subsequent Minor 

Model Revisions for State 

Implementation Plan Development, 

Transportation Conformity, and Other 

Purposes’’ (April 2012). 

III. What is EPA’s analysis of the 

Commonwealth’s SIP revision? 

As discussed above, EPA issued an 

updated motor vehicle emissions model 

known as MOVES. In its announcement 

of this model, EPA established a twoyear grace period for continued use of 

MOBILE6.2 in regional emissions 

analyses for transportation plan and 

TIPs conformity determinations 

(extending to March 2, 2013), after 

which states (other than California) 

must use MOVES in conformity 

determinations for TIPs. MOBILE6.2 

was the applicable mobile source 

emissions model that was available 

when the Commonwealth submitted the 

original maintenance plan for the 1997 

8-hour ozone NAAQS. The 

Commonwealth has opted to update its 

1997 8-hour ozone MVEBs with the 

MOVES model for ease of implementing 

transportation conformity requirements. 

TABLE 1—ORIGINAL MVEBS FOR

NORTHERN KENTUCKY

[Boone, Campbell and Kenton Counties] 

2015 (tpd) 2020 (tpd) 

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

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

The following tables show the 

difference between the MOBILE6.2 

MVEBs and the MOVES MVEB. 

TABLE 2—VOC EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEB 

VOC MOBILE6.2 MOVES 

Sector 2005 2008 2015 2020 2005 2008 2015 2020 

Point ................................. 4.02 4.26 4.65 4.93 4.02 4.26 4.65 4.93 

Area .................................. 21.43 20.63 20.36 20.36 21.43 20.63 20.36 20.36 


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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 33729 

3A safety margin is the difference between the 

attainment level of emissions from all source 

categories (i.e., point, area, and mobile) and the 

projected level of emissions from all source 

categories. The State may choose to allocate some 

of the safety margin to the MVEB, for transportation 

conformity purposes, so long as the total level of 

emissions from all source categories remains equal 

to or less than the attainment level of emissions. 

4EPA notes that projected mobile emissions for 

2020 decrease from 7.07 tpd under the MOBILE 6.2 

model projection to 5.89 tpd under the MOVES 

model projection. Nonetheless, KDAQ has proposed 

to allocate 2.87 tpd of its VOC safety margin to the 

2020 MVEBs to account for potential changes in 

methodology that may occur in the future such as 

updated socioeconomic data, new models, and 

other factors. 

TABLE 2—VOC EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEB—Continued 

VOC MOBILE6.2 MOVES 

Sector 2005 2008 2015 2020 2005 2008 2015 2020 

Non-Road ......................... 9.52 8.53 7.60 7.31 9.52 8.53 7.60 7.31 

Mobile ............................... 11.17 10.14 7.76 7.07 25.20 16.53 9.09 5.89 

Total .......................... 46.14 43.56 40.37 39.67 60.17 49.95 41.70 38.49 

TABLE 3—NOX EMISSIONS INVENTORY: MOBILE6.2 VERSUS MOVES MVEBS

NOX MOBILE6.2 MOVES 

Sector 2005 2008 2015 2020 2005 2008 2015 2020 

Point ................................. 23.98 23.32 25.13 26.53 23.98 23.32 25.13 26.53 

Area .................................. 10.57 10.40 10.35 10.35 10.57 10.40 10.35 10.35 

Non-Road ......................... 27.72 23.69 20.49 19.57 27.72 23.69 20.49 19.57 

Mobile ............................... 26.64 21.78 11.40 8.27 80.15 55.34 31.56 18.74 

Total .......................... 88.91 79.19 67.37 64.72 142.42 112.75 87.53 75.19 

Although the on-road mobile source 

emissions increased from the original 

MOBILE 6.2 MVEBs for a number of 

projection years, the revised data does 

not change the ozone attainment status 

for the Cincinnati-Hamilton, OH–KY–IN 

area. The point, area, and non-road 

sectors of the SIP emissions inventory 

are not affected. The only affected 

portions are the on-road mobile source 

emissions and the overall totals. EPA 

notes that the change in the projected 

emissions for on-road mobile sources is 

due solely to the transitions from 

reliance on MOBILE 6.2 MVEBs to 

reliance on MOVES MVEBs. 

The Commonwealth is currently 

allocating portions of the available 

safety margin 3 to the MVEBs to account 

for new emissions models, VMT 

projections models, as well as changes 

to future vehicle mix assumptions, that 

influence the emission estimations. A 

portion of the safety margin for both 

VOC and NOX will be allocated for 

budget years 2015 and 2020 to address 

the additional projected emissions 

increases associated with the use of the 

MOVES model. The MVEB years will 

remain the same with the MOVES 

updated numbers. Specifically, 2.06 tpd 

of the available VOC safety margin is 

allocated to the 2015 MVEBs and 2.87 

tpd for the 2020 MVEBs.4 Additionally, 

6.31 tpd of the available NOX safety 

margin are allocated to the 2015 MVEBs 

and 9.39 tpd for the 2020 MVEBs. The 

remaining safety margin for VOC for 

2015 is 6.19 tpd and for 2020 is 8.59 

tpd. The remaining safety margin for 

NOX for 2015 is 18.91 tpd and for 2020 

is 28.17 tpd. 

TABLE 4—NORTHERN KENTUCKY NOX

MVEBS

[tpd] 

2015 2020 

NOX Emissions 

On-Road Mobile Emissions .............................. 31.56 18.74 

Safety Margin Allocated to 

MVEBs .......................... 6.31 9.39 

NOX Conformity MVEBs ... 37.87 28.13 

TABLE 5—NORTHERN KENTUCKY VOC 

MVEBS

[tpd] 

2015 2020 

VOC Emissions 

On-Road Mobile Emissions .............................. 9.09 5.89 

Safety Margin Allocated to 

MVEBs .......................... 2.06 2.87 

VOC Conformity MVEBs .. 11.15 8.76 

Taking into consideration the portion 

of the safety margin applied to the 

MVEBs, the resulting difference 

between the attainment level of 

emissions from all sources and the 

projected level of emissions from all 

sources in the maintenance area, the 

Area still attains the NAAQS and meets 

the maintenance requirements. The new 

safety margins are listed below in Table 

6. 

TABLE 6—NEW SAFETY MARGINS FOR

THE NORTHERN KENTUCKY

Year VOC tpd NOX tpd 

2015 .................. 6.19 18.91 

2020 .................. 8.59 28.17 

As shown in Tables 2 and 3 above, 

VOC and NOX total emissions in 

Northern Kentucky are projected to 

steadily decrease from 2008 to the 

maintenance year of 2020. This VOC 

and NOX emission decrease 

demonstrates continued maintenance of 

the 8-hour ozone NAAQS for ten years 

from 2010 (the year the Area was 

effectively designated attainment for the 

1997 8-hour ozone NAAQS) as required 

by the CAA. 

a. Approvability of the MOVES2010aBased Budgets 

EPA is approving the MOVES2010abased budgets submitted by the 

Commonwealth for use in determining 

transportation conformity in Northern 

Kentucky for the 1997 8-hour ozone 

NAAQS. EPA is making this approval 

based on our evaluation of these budgets 

using the adequacy criteria found in 40 

CFR 93.118(e)(4) and our evaluation of 

the Commonwealth’s submittal and SIP 

requirements. EPA has determined, 

based on its evaluation, that the Area’s 

SIP would continue to serve its 


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5For more information, see EPA’s ‘‘Policy 

Guidance on the Use of MOVES2010 and 

Subsequent Minor Revisions for State 

Implementation Plan Development, Transportation 

Conformity, and Other Purposes,’’ (April 2012). 

intended purpose with the submitted 

MOVES2010a-based budgets at 40 CFR 

93.118(e)(4). Specifically: 

• The submitted SIP was endorsed by 

Kentucky Energy and Environment 

Cabinet Secretary, Leonard K. Peters, 

and was subject to a state public hearing 

((e)(4)(i)); 

• Before the submitted SIP was 

submitted to EPA, consultation among 

federal, state, and local agencies 

occurred, full documentation was 

provided to EPA [and EPA’s stated 

concerns were addressed, if applicable] 

((e)(4)(ii)); 

• The budgets are clearly identified 

and precisely quantified ((e)(4)(iii)); 

• The budgets, when considered 

together with all other emissions 

sources, are consistent with applicable 

requirements for reasonable further 

progress, attainment, or maintenance 

((e)(4)(iv)); 

• The budgets are consistent with and 

clearly related to the emissions 

inventory and control measures in the 

submitted SIP ((e)(4)(v); and, 

• The revisions explain and 

document changes to the previous 

budgets, impacts on point and area 

source emissions, and changes to 

established safety margins, and reasons 

for the changes (including the basis for 

any changes related to emission factors 

or vehicle miles traveled) ((e)(4)(vi)). 

EPA has always required under the 

CAA that revisions to existing SIPs and 

budgets continue to meet applicable 

requirements (e.g., RFP or attainment). 

Therefore, states that revise existing 

SIPs with MOVES must show that the 

SIP continues to meet applicable 

requirements with the new level of 

motor vehicle emissions calculated by 

the new model. 

To that end, Kentucky DAQ’s 

submitted SIP meets EPA’s two criteria 

for revising budgets without revising the 

entire SIP if: 

(1) The SIP continues to meet 

applicable requirements when the 

previous motor vehicle emissions 

inventories are replaced with [MOVES 

model used] base year and milestone, 

attainment, or maintenance year 

inventories, and 

(2) The state can document that 

growth and control strategy assumptions 

for non-motor vehicle sources continue 

to be valid and any minor updates do 

not change the overall conclusions of 

the SIP. 

As described above in section above, 

the Area meets both of the above criteria 

based on information provided to EPA 

or if there are more significant changes 

in other inventory categories. Based on 

review of the SIP and the new budgets 

provided, EPA is determining that the 

SIP will continue to meet applicable 

requirements if the revised motor 

vehicle emissions inventories are 

replaced with MOVES2010a. 

b. Applicability of MOVES2010a-Based 

Budgets 

Pursuant to the Commonwealth’s 

request, EPA is approving the revised 

budgets. The Commonwealth’s existing 

MOBILE6.2 budgets will no longer be 

applicable for transportation conformity 

purposes upon the effective date of this 

final approval. 

In addition, once EPA approves the 

MOVES2010a-based budgets, the 

regional transportation conformity grace 

period for using MOVES2010 (and 

subsequent minor revisions) for the 

pollutants included in these budgets 

will end for Northern Kentucky for the 

1997 8-hour ozone NAAQS on the 

effective date of this final approval.5

IV. Final Action 

EPA is taking direct final action to 

approve Commonwealth’s August 9, 

2012, SIP revision to replace the 

existing MOBILE 6.2 MVEBs for VOC 

and NOX with new budgets based on 

MOVES2010a. In addition, EPA is 

taking direct final action to allocate a 

portion of the available safety margin to 

the MOVES2010a MVEBs for Northern 

Kentucky for the 1997 8-hour ozone 

NAAQS. EPA is approving this action 

because it is consistent with the CAA 

and the transportation conformity 

requirements at 40 CFR 93. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should an adverse comment be filed. 

This rule will be effective on August 5, 

2013 without further notice unless the 

Agency receives adverse comment by 

July 5, 2013. If EPA receives such 

comments, then EPA will publish a 

document withdrawing the final rule 

and informing the public that the rule 

will not take effect. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. If 

no such comments are received, the 

public is advised this rule will be 

effective on August 5, 2013 and no 

further action will be taken on the 

proposed rule. 

V. 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 Commonwealth 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 


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Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations 33731 

country, 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 August 5, 2013. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, 

Intergovernmental relations, 

Incorporation by reference, Nitrogen 

dioxides, Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Dated: May 22, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is 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 the ‘‘MVEB Update for the 1997 

8-hour Ozone Maintenance Plan for 

Northern Kentucky’’ 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 Explanation 

* * * * * * * 

MVEB Update for the 1997 

8-hour Ozone Maintenance 

Plan for Northern Kentucky.

Boone, Campbell, and Kenton Counties, KY.8/9/12 6/5/13 [Insert citation of publication].

[FR Doc. 2013–13186 Filed 6–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0887; FRL–9388–1] 

Propamocarb; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of propamocarb in 

or on succulent lima bean. Interregional 

Research Project Number 4 (IR–4) 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective June 

5, 2013. Objections and requests for 

hearings must be received on or before 

August 5, 2013, 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–2008–0887, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

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 is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; email address: 

nollen.laura@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). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


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