Approval and Promulgation of Implementation Plans; Kentucky; Source-Specific Revision for Avis Rent-A-Car and Budget Rent-A-Car Facilities Located at the Cincinnati/Northern Kentucky International Airport, 62499-62501 [E9-28421]
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
62499
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State citation
State effective
date
Title/subject
Sect. 2402
Sect .2403
Sect. 2404
Sect. 2405
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........
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
2406
2407
2408
2409
2410
2411
2412
2413
........
........
........
........
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........
Definitions .......................................................
Nitrogen Oxide Emissions ..............................
Sulfur Dioxide .................................................
Nitrogen Oxide Emissions During Ozone
Season.
Permitting .......................................................
Monitoring, Reporting, and Recordkeeping ....
Trading Program and Banking .......................
Designated Representative ............................
Computation of Time ......................................
Opt-In Provisions ............................................
New Unit Growth ............................................
Periodic Review and Reallocations ................
*
*
*
*
*
[FR Doc. E9–28416 Filed 11–27–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2009–0023; FRL–9086–1]
Approval and Promulgation of
Implementation Plans; Kentucky;
Source-Specific Revision for Avis
Rent-A-Car and Budget Rent-A-Car
Facilities Located at the Cincinnati/
Northern Kentucky International
Airport
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking final action to
approve source-specific revisions to the
State Implementation Plan (SIP)
submitted by the Commonwealth of
Kentucky, through the Kentucky Energy
and Environment Cabinet’s (KEEC),
Kentucky Division of Air Quality
(KDAQ), on February 4, 2009, for the
purpose of removing Stage II vapor
control requirements at Avis Rent-A-Car
and Budget Rent-A-Car facilities located
at the Cincinnati/Northern Kentucky
International Airport. This revision is
being taken pursuant to Section 110 of
the Clean Air Act (CAA).
DATES: Effective Date: This rule will be
effective December 30, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2009–0023. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
VerDate Nov<24>2008
14:56 Nov 27, 2009
Jkt 220001
EPA approval date
5/1/08
5/1/08
5/1/08
5/1/08
11/30/09
11/30/09
11/30/09
11/30/09
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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 https://
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:
Deanne Grant, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9291.
Ms. Grant can also be reached via
electronic mail at
grant.deanne@epa.gov. For information
relating to the Kentucky SIP, please
contact Mr. Zuri Farngalo at (404) 562–
9152. Mr. Farngalo can also be reached
via electronic mail at
farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA’s Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA’s Action
EPA is taking final action to approve
a source-specific SIP revision, submitted
by the Commonwealth of Kentucky,
through KDAQ, for the purpose of
PO 00000
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Fmt 4700
Explanation
Sfmt 4700
removing Stage II vapor control
requirements at Avis Rent-A-Car, and
Budget Rent-A-Car facilities located at
the Cincinnati/Northern Kentucky
International Airport. This approval
action is based on EPA’s analysis that
Kentucky’s request complies with
Section 110 of the CAA.
In a July 27, 2009, rulemaking notice,
EPA proposed approval of the
aforementioned revision to the
Kentucky SIP. The comment period
closed on August 26, 2009, and no
comments were received. A detailed
discussion of Kentucky’s submittal and
EPA’s rationale for approval of the
February 4, 2009, Kentucky SIP revision
may be found in the proposed
rulemaking notice (74 FR 36977). EPA is
finalizing the approval as proposed
based on the rationale stated in the
proposal and in this final action.
II. Background
On January 6, 1992, EPA designated
the Cincinnati/Northern Kentucky Area
as a ‘‘moderate’’ ozone nonattainment
area for the 1-hour ozone standard (56
FR 56694). Therefore, pursuant to the
requirements of section 182(b)(3) of the
CAA, the Commonwealth of Kentucky,
developed Kentucky Administrative
Regulations (KAR) 401 KAR 59:174
Stage II controls at gasoline dispensing
facilities, and submitted the rule to EPA
for approval as part of Kentucky’s ozone
SIP. The rule was adopted by the
Commonwealth of Kentucky on January
12, 1998, and approved by EPA into the
SIP on December 8, 1998 (63 FR 67589).
On April 6, 1994, EPA promulgated
regulations requiring the phase-in of onboard refueling vapor recovery (ORVR)
systems on new motor vehicles (59 FR
16262, 40 CFR 86.001 and 40 CFR
86.098). As a result, the CAA no longer
requires moderate areas to impose Stage
II controls under section 182(b)(3), and
allows such areas to seek SIP revisions
to remove such requirements from their
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Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
SIP, subject to section 110(l) of the Act.
Because Kentucky is taking credit for
Stage II in its maintenance plan, this
action is subject to section 110(l) of the
CAA, which states:
WReier-Aviles on DSKGBLS3C1PROD with RULES
Each revision to an implementation plan
submitted by a State under this chapter shall
be adopted by such State after reasonable
notice and public hearing. The Administrator
shall not approve a revision of a plan if the
revision would interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined in
section 7501 of this title), or any other
applicable requirement of this chapter.
On October 29, 1999, KDAQ
submitted, for EPA approval, a 1-hour
ozone maintenance plan and request for
redesignation of the Cincinnati/
Northern Kentucky Area to attainment
status. The redesignation request and
maintenance plan were approved by
EPA, effective June 19, 2000 (65 FR
37879). Since the Kentucky Stage II
program was already in place and had
been included in the Commonwealth’s
October 29, 1999, redesignation request
and 1-hour ozone maintenance plan for
the Area, KDAQ elected not to remove
the program from the SIP at that time.
On April 30, 2004, EPA designated the
Cincinnati/Northern Kentucky Area, as
nonattainment for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) (69 FR 23857). The
Cincinnati/Northern Kentucky Area
remains designated as nonattainment for
the 1997 8-hour ozone standard,
although based on preliminary 2007–
2008 data it looks as though the area
may attain the standard.
On January 5, 2005, EPA published
designations for the 1997 annual and
24-hour PM2.5 standard (70 FR 944). The
Cincinnati/Northern Kentucky Area was
designated as a nonattainment area for
the 1997 annual PM2.5 standard and
remains a nonattainment area for that
standard. However, this same area was
designated as attainment for the 1997
24-hour PM2.5 standard. On September
21, 2006, EPA revised the 24-hour PM2.5
standard which in turn initiated the
designation process for the revised 24hour ozone standard. The
Commonwealth of Kentucky submitted
a letter dated February 10, 2009, which
requested that the Cincinnati/Northern
Kentucky Area be classified attainment
for the revised 24-hour standard based
on 2006–2008 data. EPA has yet to
publish the final rulemaking with the
final designations for the revised 24hour PM2.5 standard but it is anticipated
that this area will be designated
attainment for the revised daily PM2.5
standard based on 2006–2008 data.
On February 4, 2009, Kentucky
submitted a SIP revision for the purpose
VerDate Nov<24>2008
14:56 Nov 27, 2009
Jkt 220001
of removing Stage II vapor control
requirements at Avis Rent-A-Car, and
Budget Rent-A-Car facilities at the
Cincinnati/Northern Kentucky
International Airport. This sourcespecific revision to the Kentucky SIP is
approvable pursuant to Section 110 of
the CAA and EPA guidance. The
Commonwealth of Kentucky has
confirmed that not less than 95 percent
of vehicles at Avis Rent-A-Car and
Budget Rent-A-Car facilities located at
the Cincinnati/Northern Kentucky
International Airport are equipped with
ORVR. Kentucky has adequately
demonstrated that ORVR has
supplanted Stage II requirements at Avis
Rent-A-Car and Budget Rent-A-Car
facilities. The proposed rule provides
additional information regarding
Kentucky’s analysis.
III. Final Action
EPA is taking final action to approve
the February 4, 2009, SIP revision
request from Kentucky for the purpose
of removing Stage II vapor control
requirements at Avis Rent-A-Car and
Budget Rent-A-Car facilities. This
source-specific SIP revision is
consistent with Section 110 of the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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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 country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(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 January 29, 2010. 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).)
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62501
Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Volatile organic compounds, Ozone,
Sulfur oxides, Nitrogen dioxide.
Dated: November 16, 2009.
J. Scott Jordon,
Acting Regional Administrator, Region 4.
■
Subpart S—Kentucky
2. Section 52.920(d), is amended by
adding a new entry at the end of the
table for ‘‘Source-Specific SIP Revision
for Avis Budget Car Rental Group,’’ to
read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.920
*
Authority: 42.U.S.C. 7401 et seq.
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED KENTUCKY SOURCE-SPECIFIC REQUIREMENTS
Name of source
State effective
date
EPA approval date
*
*
Permit No.
*
*
*
Source-Specific SIP Revision for
Avis Budget Car Rental Group.
N/A ...............................................
8/9/07
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
I. Background
*
*
*
*
[FR Doc. E9–28421 Filed 11–27–09; 8:45 am]
A. State Flexibility for Medicaid Benefit
Packages
Centers for Medicare & Medicaid
Services
42 CFR Parts 440, 447, and 457
[CMS–2232–F3; CMS–2244–F4]
RIN 0938–AP72 and 0938–AP73
Medicaid Program: State Flexibility for
Medicaid Benefit Packages and
Premiums and Cost Sharing
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
SUMMARY: This final rule temporarily
delays the effective date of the
November 25, 2008 final rule entitled,
‘‘Medicaid Program; Premiums and Cost
Sharing’’ and the December 3, 2008 final
rule entitled, ‘‘Medicaid Program; State
Flexibility for Medicaid Benefit
Packages’’ until July 1, 2010.
DATES: Effective Date: This action is
effective December 31, 2009. The
effective date of the rule amending 42
CFR part 440 published in the December
3, 2008 Federal Register (73 FR 73694)
is delayed until July 1, 2010. The
effective date of the rule amending 42
CFR parts 447 and 457 published in the
November 25, 2008 Federal Register (73
FR 71828) is delayed until July 1, 2010.
FOR FURTHER INFORMATION CONTACT:
VerDate Nov<24>2008
14:56 Nov 27, 2009
Jkt 220001
On December 3, 2008, we published
a final rule in the Federal Register (73
FR 73694) entitled ‘‘Medicaid Program;
State Flexibility for Medicaid Benefit
Packages.’’ The December 3, 2008 final
rule implements provisions of section
6044 of the Deficit Reduction Act (DRA)
of 2005, (Pub. L. 109–171), enacted on
February 8, 2006, which amends the
Social Security Act (the Act) by adding
a new section 1937 related to the
coverage of medical assistance under
approved State plans. Section 1937
provides States increased flexibility
under an approved State plan to provide
covered medical assistance through
enrollment of certain Medicaid
recipients in benchmark or benchmarkequivalent benefit packages. The final
rule set forth the requirements and
limitations for this flexibility, after
consideration of public comments on
the February 22, 2008 proposed rule.
Subsequent to the publication of the
December 3, 2008 final rule, we
published an interim final rule with
comment period in the Federal Register
on February 2, 2009 (74 FR 5808) to
temporarily delay for 60 days the
effective date of the December 3, 2008
final rule entitled, ‘‘Medicaid Program;
State Flexibility for Medicaid Benefit
Packages.’’ The interim final rule also
reopened the comment period on the
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*
11/30/09 ............................
[Insert citation of publication].
Frances Crystal, (410) 786–1195, for
State Flexibility for Medicaid Benefit
Packages.
Christine Gerhardt, (410) 786–0693, for
Premiums and Cost Sharing.
SUPPLEMENTARY INFORMATION:
*
Explanations
*
Removal of stage II requirements
policies set out in the December 3, 2008
final rule. We received 9 public
comments in response to the February 2,
2009 interim final rule.
On February 4, 2009, the Children’s
Health Insurance Program
Reauthorization Act (CHIPRA) of 2009
(Pub. L. 111–3) was enacted. Certain
provisions of CHIPRA affect current
regulations regarding State Flexibility
for Medicaid Benefit Packages,
including the December 3, 2008 final
rule. Specifically, section 611(a)(1)(C)
and section 611(a)(3) of CHIPRA amend
section 1937 of the Act, to require that
States provide the full range of the Early
Periodic Screening, Diagnosis, and
Treatment (EPSDT) coverage benefit to
children under the age of 21, rather than
those under 19 as specified in the DRA
of 2005, who are enrolled in benchmark
or benchmark-equivalent plans. EPSDT
services may be provided through a
benchmark or benchmark-equivalent
plan or as an additional benefit
supplementing coverage under the
benchmark or benchmark-equivalent
plan. Section 611(a)(1)(A)(i) of CHIPRA
amends section 1937 of the Act by
changing the language
‘‘Notwithstanding any other provision
of this title * * *’’ to read
‘‘Notwithstanding section 1902(a)(1)
(relating to statewideness), section
1902(a)(10)(B) (relating to
comparability), and any other provision
of this title which would be directly
contrary to the authority * * *’’ One
effect of this change is to clarify that the
requirement, under 42 CFR 431.53 and
section 1902(a)(4) of the Act, to assure
transportation for Medicaid
beneficiaries in order for them to have
access to covered State plan services, is
applicable to States electing to provide
E:\FR\FM\30NOR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62499-62501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28421]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0023; FRL-9086-1]
Approval and Promulgation of Implementation Plans; Kentucky;
Source-Specific Revision for Avis Rent-A-Car and Budget Rent-A-Car
Facilities Located at the Cincinnati/Northern Kentucky International
Airport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve source-specific
revisions to the State Implementation Plan (SIP) submitted by the
Commonwealth of Kentucky, through the Kentucky Energy and Environment
Cabinet's (KEEC), Kentucky Division of Air Quality (KDAQ), on February
4, 2009, for the purpose of removing Stage II vapor control
requirements at Avis Rent-A-Car and Budget Rent-A-Car facilities
located at the Cincinnati/Northern Kentucky International Airport. This
revision is being taken pursuant to Section 110 of the Clean Air Act
(CAA).
DATES: Effective Date: This rule will be effective December 30, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2009-0023. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://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: Deanne Grant, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9291. Ms. Grant can also be reached via electronic mail at
grant.deanne@epa.gov. For information relating to the Kentucky SIP,
please contact Mr. Zuri Farngalo at (404) 562-9152. Mr. Farngalo can
also be reached via electronic mail at farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews
I. EPA's Action
EPA is taking final action to approve a source-specific SIP
revision, submitted by the Commonwealth of Kentucky, through KDAQ, for
the purpose of removing Stage II vapor control requirements at Avis
Rent-A-Car, and Budget Rent-A-Car facilities located at the Cincinnati/
Northern Kentucky International Airport. This approval action is based
on EPA's analysis that Kentucky's request complies with Section 110 of
the CAA.
In a July 27, 2009, rulemaking notice, EPA proposed approval of the
aforementioned revision to the Kentucky SIP. The comment period closed
on August 26, 2009, and no comments were received. A detailed
discussion of Kentucky's submittal and EPA's rationale for approval of
the February 4, 2009, Kentucky SIP revision may be found in the
proposed rulemaking notice (74 FR 36977). EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and
in this final action.
II. Background
On January 6, 1992, EPA designated the Cincinnati/Northern Kentucky
Area as a ``moderate'' ozone nonattainment area for the 1-hour ozone
standard (56 FR 56694). Therefore, pursuant to the requirements of
section 182(b)(3) of the CAA, the Commonwealth of Kentucky, developed
Kentucky Administrative Regulations (KAR) 401 KAR 59:174 Stage II
controls at gasoline dispensing facilities, and submitted the rule to
EPA for approval as part of Kentucky's ozone SIP. The rule was adopted
by the Commonwealth of Kentucky on January 12, 1998, and approved by
EPA into the SIP on December 8, 1998 (63 FR 67589).
On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor
vehicles (59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result,
the CAA no longer requires moderate areas to impose Stage II controls
under section 182(b)(3), and allows such areas to seek SIP revisions to
remove such requirements from their
[[Page 62500]]
SIP, subject to section 110(l) of the Act. Because Kentucky is taking
credit for Stage II in its maintenance plan, this action is subject to
section 110(l) of the CAA, which states:
Each revision to an implementation plan submitted by a State
under this chapter shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 7501 of this title), or any other
applicable requirement of this chapter.
On October 29, 1999, KDAQ submitted, for EPA approval, a 1-hour
ozone maintenance plan and request for redesignation of the Cincinnati/
Northern Kentucky Area to attainment status. The redesignation request
and maintenance plan were approved by EPA, effective June 19, 2000 (65
FR 37879). Since the Kentucky Stage II program was already in place and
had been included in the Commonwealth's October 29, 1999, redesignation
request and 1-hour ozone maintenance plan for the Area, KDAQ elected
not to remove the program from the SIP at that time. On April 30, 2004,
EPA designated the Cincinnati/Northern Kentucky Area, as nonattainment
for the 1997 8-hour ozone national ambient air quality standard (NAAQS)
(69 FR 23857). The Cincinnati/Northern Kentucky Area remains designated
as nonattainment for the 1997 8-hour ozone standard, although based on
preliminary 2007-2008 data it looks as though the area may attain the
standard.
On January 5, 2005, EPA published designations for the 1997 annual
and 24-hour PM2.5 standard (70 FR 944). The Cincinnati/
Northern Kentucky Area was designated as a nonattainment area for the
1997 annual PM2.5 standard and remains a nonattainment area
for that standard. However, this same area was designated as attainment
for the 1997 24-hour PM2.5 standard. On September 21, 2006,
EPA revised the 24-hour PM2.5 standard which in turn
initiated the designation process for the revised 24-hour ozone
standard. The Commonwealth of Kentucky submitted a letter dated
February 10, 2009, which requested that the Cincinnati/Northern
Kentucky Area be classified attainment for the revised 24-hour standard
based on 2006-2008 data. EPA has yet to publish the final rulemaking
with the final designations for the revised 24-hour PM2.5
standard but it is anticipated that this area will be designated
attainment for the revised daily PM2.5 standard based on
2006-2008 data.
On February 4, 2009, Kentucky submitted a SIP revision for the
purpose of removing Stage II vapor control requirements at Avis Rent-A-
Car, and Budget Rent-A-Car facilities at the Cincinnati/Northern
Kentucky International Airport. This source-specific revision to the
Kentucky SIP is approvable pursuant to Section 110 of the CAA and EPA
guidance. The Commonwealth of Kentucky has confirmed that not less than
95 percent of vehicles at Avis Rent-A-Car and Budget Rent-A-Car
facilities located at the Cincinnati/Northern Kentucky International
Airport are equipped with ORVR. Kentucky has adequately demonstrated
that ORVR has supplanted Stage II requirements at Avis Rent-A-Car and
Budget Rent-A-Car facilities. The proposed rule provides additional
information regarding Kentucky's analysis.
III. Final Action
EPA is taking final action to approve the February 4, 2009, SIP
revision request from Kentucky for the purpose of removing Stage II
vapor control requirements at Avis Rent-A-Car and Budget Rent-A-Car
facilities. This source-specific SIP revision is consistent with
Section 110 of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(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 January 29, 2010. 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).)
[[Page 62501]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Volatile organic compounds,
Ozone, Sulfur oxides, Nitrogen dioxide.
Dated: November 16, 2009.
J. Scott Jordon,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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(d), is amended by adding a new entry at the end of
the table for ``Source-Specific SIP Revision for Avis Budget Car Rental
Group,'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kentucky Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source-Specific SIP Revision for N/A.................. 8/9/07 11/30/09.............................. Removal of stage II requirements
Avis Budget Car Rental Group. [Insert citation of publication]......
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-28421 Filed 11-27-09; 8:45 am]
BILLING CODE 6560-50-P
