82 FR 30976 - Air Plan Approval and Designation of Areas; KY; Redesignation of the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 127 (July 5, 2017)
Federal Register Volume 82, Issue 127 (July 5, 2017)
| Page Range | 30976-30979 | |
| FR Document | 2017-13994 |
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)] [Rules and Regulations] [Pages 30976-30979] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2016-0601; FRL-9964-41-Region 4] Air Plan Approval and Designation of Areas; KY; Redesignation of the Kentucky Portion of the Cincinnati-Hamilton 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On August 26, 2016, the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Kentucky portion of the tri-state Cincinnati- Hamilton, Ohio-Kentucky-Indiana 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Cincinnati-Hamilton, OH-KY-IN Area'' or ``Area'') to attainment for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and to approve the portions of the State Implementation Plan (SIP) revision containing a maintenance plan and base year emissions inventory for the Area. EPA is taking final action to [[Page 30977]] approve the Commonwealth's base year emissions inventory for the Kentucky portion of the Area; to approve the Commonwealth's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for the years 2020 and 2030 for the Kentucky portion of the Area; and to redesignate the Kentucky portion of the Area to attainment for the 2008 8-hour ozone NAAQS. Through separate actions, EPA has approved the redesignation requests and maintenance plans for both the Ohio and Indiana portions of the Area. DATES: This rule is effective July 5, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0601. All documents in the docket are listed on the www.regulations.gov Web site. 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, 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 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Richard Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What is the background for EPA's proposed actions? Effective July 20, 2012, EPA designated areas as unclassifiable/ attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088 (May 21, 2012). The Cincinnati-Hamilton, OH-KY-IN Area was designated as nonattainment for the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment area.\1\ On May 4, 2016 (81 FR 26697), EPA issued a determination that the Area had attained the 2008 8-hour ozone NAAQS. On August 26, 2016, Kentucky requested that EPA redesignate the Area to attainment for the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the Commonwealth's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area through 2030, including 2020 and 2030 MVEBs for NOX and VOC for the Cincinnati-Hamilton, OH-KY-IN Area. In addition, the Commonwealth requested approval of the base year emissions inventory for the 2008 8-hour ozone NAAQS pursuant to CAA section 182(a)(1). --------------------------------------------------------------------------- \1\ The Cincinnati-Hamilton, OH-KY-IN Area is composed of portions of Boone, Campbell, and Kenton Counties in Kentucky; Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPRM) published on May 1, 2017 (82 FR 20297), EPA proposed to approve the base year emissions inventory; to approve the maintenance plan, including the 2020 and 2030 MVEBs for NOX and VOC, and incorporate the plan into the Kentucky SIP; and to redesignate the Area to attainment for the 2008 8- hour ozone NAAQS. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for the Cincinnati-Hamilton, OH-KY-IN Area. No adverse comments were received on the May 1, 2017, proposed rulemaking. The details of Kentucky's submittal and the rationale for EPA's actions are further explained in the NPRM. II. Final Action EPA is taking three separate, but related, final actions. First, EPA is approving the 2008 8-hour ozone NAAQS base year emissions inventory for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area as meeting the requirements of CAA section 182(a)(1) and incorporating it into the SIP. Approval of the base year emissions inventory is a prerequisite to redesignating an ozone nonattainment area to attainment. Second, EPA is approving the maintenance plan for the Cincinnati- Hamilton, OH-KY-IN Area, including the NOX and VOC MVEBs for 2020 and 2030, as meeting the requirements of CAA section 175A and incorporating it into the Kentucky SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS through 2030, and the MVEBs meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA is approving Kentucky's redesignation request for the 2008 8-hour ozone NAAQS for the Cincinnati-Hamilton, OH-KY-IN Area pursuant to CAA section 107(d)(3)(E). Approval of the redesignation request changes the official designation of the portions of Boone County, Campbell County, and Kenton County in the Cincinnati-Hamilton, OH-KY-IN Area for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly- established NOX and VOC MVEBs for the Cincinnati-Hamilton, OH-KY-IN Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e). EPA has determined that these actions are effective immediately upon publication under the authority of 5 U.S.C. 553(d)(1) and (d)(3). 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. Section 553(d)(1) allows an effective date less than 30 days after publication if a substantive rule ``relieves a restriction.'' These actions qualify for the exception under section 553(d)(1) because they relieve the State of various requirements for the Area. Furthermore, section 553(d)(3) 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.'' EPA finds good cause to make these actions effective immediately pursuant to section 553(d)(3) because they do not create any new regulatory requirements such that affected parties would need time to prepare before the actions take effect. III. 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 [[Page 30978]] 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. 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 this reason, 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 13563 (76 FR 3821, January 21, 2011); 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 economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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; and will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 September 5, 2017. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: June 16, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42.U.S.C. 7401 et seq. Subpart S--Kentucky 0 2. Section 52.920(e) is amended by adding new entries for ``2008 8-hour ozone Maintenance Plan for the Kentucky portion of the Cincinnati- Hamilton, OH-KY-IN Area'' and ``2008 8-hour ozone base year emissions inventory for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN Area'' at the end of the table to read as follows: Sec. 52.920 Identification of plan. * * * * * (e) * * * EPA-Approved Kentucky Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable geographic submittal date/ EPA approval date Explanations provision or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * 2008 8-hour ozone Maintenance Portions of Boone (2000 8/26/2016 7/5/2017.......... .................. Plan for the Kentucky portion Census tracts: 702, [Insert citation of the Cincinnati-Hamilton, OH- 703.05, 703.06, of publication]. KY-IN Area. 703.07, 703.08, 703.09, 704.01, 704.02, 705.01, 705.02, 706.01, 706.03, 706.04), Campbell (2000 Census tracts: 501, 502, 503, 504, 505, 506, 512, 513, 519.01, 519.03, 519.04, 520.01, 520.02, 521, 522, 523.01, 523.02, 524, 525, 526, 528, 529, 530, 531), and Kenton (2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669, 670, 671) Counties, KY. [[Page 30979]] 2008 8-hour ozone base year Portions of Boone, 8/26/2016 7/5/2017.......... 182(a)(1) base- emissions inventory for the Campbell and Kenton [Insert citation year emissions Kentucky portion of the Counties in Kentucky. of publication]. inventory Cincinnati-Hamilton, OH-KY-IN Area. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.318, the table entitled ``Kentucky-2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended by revising the entries for ``Cincinnati, OH-KY-IN'' to read as follows: Sec. 81.318 Kentucky. * * * * * Kentucky--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area -------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- Cincinnati, OH-KY-IN: \2\ 7/5/2017 Attainment............... Boone County (part).............. .............. Attainment............... 2000 Census tracts: 702, 703.05, 703.06, 703.07, 703.08, 703.09, 704.01, 704.02, 705.01, 705.02, 706.01, 706.03, 706.04. Campbell County (part)........... .............. Attainment............... 2000 Census tracts: 501, 502, 503, 504, 505, 506, 512, 513, 519.01, 519.03, 519.04, 520.01, 520.02, 521, 522, 523.01, 523.02, 524, 525, 526, 528, 529, 530, 531. Kenton County (part)............. .............. Attainment............... 2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669, 670, 671. ---------------------------------------------------------------------------------------------------------------- * * * * * * * \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2017-13994 Filed 7-3-17; 8:45 am] BILLING CODE 6560-50-P
![30976 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations
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• Federal eRulemaking Portal: Go to requirement prior to requiring
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on using Regulations.gov, including program promotional materials and to
instructions for accessing agency directly distribute the disclosure 40 CFR Parts 52 and 81
documents, submitting comments, and template to prospective students under [EPA–R04–OAR–2016–0601; FRL–9964–41–
viewing the docket, is available on the 34 CFR 668.412(d) and (e). Moreover, Region 4]
site under ‘‘Are you new to this site?’’ the Department expects to further
U.S. Mail, Commercial Delivery, or review these requirements as part of its Air Plan Approval and Designation of
Hand Delivery: If you mail or deliver review of the GE regulations and their Areas; KY; Redesignation of the
your comments, address them to Scott implementation, including through Kentucky Portion of the Cincinnati-
Filter, U.S. Department of Education, negotiated rulemaking. Accordingly, the Hamilton 2008 8-Hour Ozone
400 Maryland Ave. SW., Room 6W253, Department is allowing institutions Nonattainment Area to Attainment
Washington, DC 20202. additional time—until July 1, 2018—to
comply with the provisions in 34 CFR AGENCY: Environmental Protection
Privacy Note: The Department’s
668.412(d) and (e). Agency.
policy for comments received from
members of the public (including ACTION: Final rule.
The Department also extends the
comments submitted by mail, deadline for all programs to file SUMMARY: On August 26, 2016, the
commercial delivery, or hand delivery) alternate earnings appeals in light of the Commonwealth of Kentucky, through
is to make these submissions available Court Order. We will issue a Federal the Kentucky Energy and Environment
for public viewing in their entirety on Register notice to specifically Cabinet, Division for Air Quality (DAQ),
the Federal eRulemaking Portal at implement the Court Order, including submitted a request for the
www.regulations.gov. Therefore, establishing new deadlines, and Environmental Protection Agency (EPA)
commenters should be careful to anticipate doing so within 30 days from to redesignate the Kentucky portion of
include in their comments only the publication date of this notice. the tri-state Cincinnati-Hamilton, Ohio-
information that they wish to make We are inviting your comments on Kentucky-Indiana 2008 8-hour ozone
publicly available on the internet. this action. We will consider these nonattainment area (hereinafter referred
FOR FURTHER INFORMATION CONTACT: comments in determining whether to to as the ‘‘Cincinnati-Hamilton, OH-KY-
Scott Filter, U.S. Department of take any future action in connection IN Area’’ or ‘‘Area’’) to attainment for
sradovich on DSK3GMQ082PROD with RULES
Education, 400 Maryland Ave., SW., with the implementation of the the 2008 8-hour ozone National
Room 6W253, Washington, DC 20202. disclosure requirements. Ambient Air Quality Standards
Telephone: (202) 453–7249 or by email Accessible Format: Individuals with (NAAQS) and to approve the portions of
at: Scott.Filter@ed.gov. disabilities can obtain this document in the State Implementation Plan (SIP)
If you use a telecommunications an accessible format (e.g., braille, large revision containing a maintenance plan
device for the deaf (TDD) or a text print, audiotape, or compact disc) on and base year emissions inventory for
telephone (TTY), call the Federal Relay request to the program contact person the Area. EPA is taking final action to
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![30978 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations
imposed by state law. A redesignation to • are not subject to requirements of for judicial review may be filed, and
attainment does not in and of itself section 12(d) of the National shall not postpone the effectiveness of
create any new requirements, but rather Technology Transfer and Advancement such rule or action. This action may not
results in the applicability of Act of 1995 (15 U.S.C. 272 note) because be challenged later in proceedings to
requirements contained in the CAA for application of those requirements would enforce its requirements. See section
areas that have been redesignated to be inconsistent with the CAA; and 307(b)(2).
attainment. Moreover, the Administrator • will not have disproportionate
is required to approve a SIP submission human health or environmental effects List of Subjects
that complies with the provisions of the under Executive Order 12898 (59 FR 40 CFR Part 52
Act and applicable federal regulations. 7629, February 16, 1994).
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). The SIP is not approved to apply on Environmental protection, Air
Thus, in reviewing SIP submissions, any Indian reservation land or in any pollution control, Incorporation by
EPA’s role is to approve state choices, other area where EPA or an Indian tribe reference, Intergovernmental relations,
provided that they meet the criteria of has demonstrated that a tribe has Nitrogen dioxide, Ozone, Reporting and
the CAA. Accordingly, these actions jurisdiction. In those areas of Indian recordkeeping requirements, Volatile
merely approve state law as meeting country, the rule does not have tribal organic compounds.
federal requirements and do not impose implications as specified by Executive 40 CFR Part 81
additional requirements beyond those Order 13175 (65 FR 67249, November 9,
imposed by state law. For this reason, 2000), nor will it impose substantial Environmental protection, Air
these actions: direct costs on tribal governments or pollution control.
• Are not significant regulatory preempt tribal law. Dated: June 16, 2017.
actions subject to review by the Office The Congressional Review Act, 5
V. Anne Heard,
of Management and Budget under U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Acting Regional Administrator, Region 4.
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, Fairness Act of 1996, generally provides 40 CFR parts 52 and 81 are amended
January 21, 2011); that before a rule may take effect, the as follows:
• do not impose an information agency promulgating the rule must
collection burden under the provisions submit a rule report, which includes a PART 52—APPROVAL AND
of the Paperwork Reduction Act (44 copy of the rule, to each House of the PROMULGATION OF
U.S.C. 3501 et seq.); Congress and to the Comptroller General IMPLEMENTATION PLANS
• are certified as not having a of the United States. EPA will submit a
significant economic impact on a report containing this action and other ■ 1. The authority citation for part 52
substantial number of small entities required information to the U.S. Senate, continues to read as follows:
under the Regulatory Flexibility Act (5 the U.S. House of Representatives, and Authority: 42.U.S.C. 7401 et seq.
U.S.C. 601 et seq.); the Comptroller General of the United
• do not contain any unfunded States prior to publication of the rule in Subpart S—Kentucky
mandate or significantly or uniquely the Federal Register. A major rule
affect small governments, as described cannot take effect until 60 days after it ■ 2. Section 52.920(e) is amended by
in the Unfunded Mandates Reform Act is published in the Federal Register. adding new entries for ‘‘2008 8-hour
of 1995 (Pub. L. 104–4); This action is not a ‘‘major rule’’ as ozone Maintenance Plan for the
• do not have Federalism defined by 5 U.S.C. 804(2). Kentucky portion of the Cincinnati-
implications as specified in Executive Under section 307(b)(1) of the CAA, Hamilton, OH-KY-IN Area’’ and ‘‘2008
Order 13132 (64 FR 43255, August 10, petitions for judicial review of this 8-hour ozone base year emissions
1999); action must be filed in the United States inventory for the Kentucky portion of
• are not economically significant Court of Appeals for the appropriate the Cincinnati-Hamilton, OH-KY-IN
regulatory actions based on health or circuit by September 5, 2017. Filing a Area’’ at the end of the table to read as
safety risks subject to Executive Order petition for reconsideration by the follows:
13045 (62 FR 19885, April 23, 1997); Administrator of this final rule does not
• are not significant regulatory affect the finality of this action for the § 52.920 Identification of plan.
actions subject to Executive Order purposes of judicial review nor does it * * * * *
13211 (66 FR 28355, May 22, 2001); extend the time within which a petition (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP EPA approval
Applicable geographic or nonattainment area submittal date/ Explanations
provision date
effective date
* * * * * *
2008 8-hour ozone Mainte- Portions of Boone (2000 Census tracts: 702, 703.05, 8/26/2016 7/5/2017 .........
nance Plan for the Kentucky 703.06, 703.07, 703.08, 703.09, 704.01, 704.02, 705.01, [Insert citation
portion of the Cincinnati- 705.02, 706.01, 706.03, 706.04), Campbell (2000 Census of publica-
sradovich on DSK3GMQ082PROD with RULES
Hamilton, OH-KY-IN Area. tracts: 501, 502, 503, 504, 505, 506, 512, 513, 519.01, tion].
519.03, 519.04, 520.01, 520.02, 521, 522, 523.01,
523.02, 524, 525, 526, 528, 529, 530, 531), and Kenton
(2000 Census tracts: 603, 607, 609, 610, 611, 612, 613,
614, 616, 636.03, 636.04, 636.05, 636.06, 638, 640, 641,
642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652,
653, 654, 655.01, 655.02, 656, 657, 658, 659, 668, 669,
670, 671) Counties, KY.
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EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS—Continued
State
Name of non-regulatory SIP EPA approval
Applicable geographic or nonattainment area submittal date/ Explanations
provision date
effective date
2008 8-hour ozone base year Portions of Boone, Campbell and Kenton Counties in Ken- 8/26/2016 7/5/2017 ......... 182(a)(1)
emissions inventory for the tucky. [Insert citation base-year
Kentucky portion of the Cin- of publica- emissions
cinnati-Hamilton, OH-KY-IN tion]. inventory
Area.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. by revising the entries for ‘‘Cincinnati,
FOR AIR QUALITY PLANNING ■ 4. In § 81.318, the table entitled OH-KY-IN’’ to read as follows:
PURPOSES ‘‘Kentucky-2008 8-Hour Ozone NAAQS § 81.318 Kentucky.
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended
* * * * *
continues to read as follows:
KENTUCKY—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Cincinnati, OH-KY-IN: 2 7/5/2017 Attainment.
Boone County (part) ................................................................................... ........................ Attainment.
2000 Census tracts: 702, 703.05, 703.06, 703.07, 703.08, 703.09,
704.01, 704.02, 705.01, 705.02, 706.01, 706.03, 706.04.
Campbell County (part) .............................................................................. ........................ Attainment.
2000 Census tracts: 501, 502, 503, 504, 505, 506, 512, 513,
519.01, 519.03, 519.04, 520.01, 520.02, 521, 522, 523.01,
523.02, 524, 525, 526, 528, 529, 530, 531.
Kenton County (part) .................................................................................. ........................ Attainment.
2000 Census tracts: 603, 607, 609, 610, 611, 612, 613, 614, 616,
636.03, 636.04, 636.05, 636.06, 638, 640, 641, 642, 643, 644,
645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655.01,
655.02, 656, 657, 658, 659, 668, 669, 670, 671.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * accordance with the instructions Registration Division (7505P), Office of
[FR Doc. 2017–13994 Filed 7–3–17; 8:45 am] provided in 40 CFR part 178 (see also Pesticide Programs, Environmental
BILLING CODE 6560–50–P Unit I.C. of the SUPPLEMENTARY Protection Agency, 1200 Pennsylvania
INFORMATION). Ave. NW., Washington, DC 20460–0001;
ADDRESSES: The docket for this action, main telephone number: (703) 305–
ENVIRONMENTAL PROTECTION 7090; email address: RDFRNotices@
identified by docket identification (ID)
AGENCY epa.gov.
number EPA–HQ–OPP–2007–0099, is
40 CFR Part 180 available at http://www.regulations.gov SUPPLEMENTARY INFORMATION:
or at the Office of Pesticide Programs
[EPA–HQ–OPP–2007–0099; FRL–9962–13] Regulatory Public Docket (OPP Docket) I. General Information
in the Environmental Protection Agency A. Does this action apply to me?
Flubendiamide; Pesticide Tolerances Docket Center (EPA/DC), West William
AGENCY: Environmental Protection Jefferson Clinton Bldg., Rm. 3334, 1301 You may be potentially affected by
Agency (EPA). Constitution Ave. NW., Washington, DC this action if you are an agricultural
ACTION: Final rule. 20460–0001. The Public Reading Room producer, food manufacturer, or
is open from 8:30 a.m. to 4:30 p.m., pesticide manufacturer. The following
SUMMARY: This regulation establishes a Monday through Friday, excluding legal list of North American Industrial
tolerance for residues of flubendiamide holidays. The telephone number for the Classification System (NAICS) codes is
in or on tea at 50 parts per million Public Reading Room is (202) 566–1744, not intended to be exhaustive, but rather
sradovich on DSK3GMQ082PROD with RULES
(ppm). Nichino America, Inc. requested and the telephone number for the OPP provides a guide to help readers
this tolerance under the Federal Food, Docket is (703) 305–5805. Please review determine whether this document
Drug, and Cosmetic Act (FFDCA). the visitor instructions and additional applies to them. Potentially affected
DATES: This regulation is effective July information about the docket available entities may include:
5, 2017. Objections and requests for at http://www.epa.gov/dockets. • Crop production (NAICS code 111).
hearings must be received on or before FOR FURTHER INFORMATION CONTACT: • Animal production (NAICS code
September 5, 2017, and must be filed in Michael L. Goodis, P.E., Director, 112).
VerDate Sep<11>2014 16:11 Jul 03, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1](https://thefederalregister.org/doc/82_FR_31103/page/4.svg)
Document Created: 2017-07-04 02:01:03
Document Modified: 2017-07-04 02:01:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 5, 2017. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Richard Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 30976 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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