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EPA Designates Portions of Kentucky and Indiana as Nonattainment for the 2008 Ozone NAAQS


By Kelly D. Bartley, Attorney, Bingham Greenebaum Doll LLP

By final rule published May 21, 2012, EPA designated portions of Boone, Campbell and Kenton Counties in Kentucky as well as a portion of Dearborn County, Indiana, all part of the Cincinnati, OH-KY-IN metropolitan statistical area (MSA), as nonattainment for the 2008 ozone NAAQS.  On June 11, 2012 EPA published a follow up final rule that corrected certain mistakes in the Kentucky portion of this designation. 

Under the designation as corrected, all census tracts in Boone, Campbell, and Kenton Counties are included in the nonattainment area excluding census tracts 706.01 and 706.04 in Boone County, 637.01 and 637.02 in Kenton County, and 520.01 and 520.02 in Campbell County.  For Dearborn County, Indiana only the Lawrenceburg Township is designated nonattainment.  EPA designated the listed areas as nonattainment based on a violating Cincinnati MSA monitor located in Ohio, concluding that those portions of the Kentucky and Indiana counties identified are contributing to a violation in a nearby area.  No Indiana or Kentucky monitors in the area indicate violations of the standard. 

In the June 11, 2012 final rule, EPA also designated Lake County and Porter County, Indiana, both part of the Chicago metropolitan area, as nonattainment for the standard based on out-of-state violating monitors.  IDEM opposed designation of Lake and Porter Counties as nonattainment, and on July 19 the Governor and Attorney General announced that Indiana will file an appeal in federal court seeking  to restore the designation to attainment. Click here to view the announcement.


To view a complete PDF of the Second Quarter 2012 issue of the Air Quality Letter, click HERE.


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