Approval and Promulgation of Implementation Plans; Kentucky; Stage II Requirements for Hertz Corporation Facility at Cincinnati/Northern Kentucky International Airport in Boone County, 29352-29354 [2014-11781]
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29352
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0794; FRL–9911–24–
Region 4]
Approval and Promulgation of
Implementation Plans; Kentucky;
Stage II Requirements for Hertz
Corporation Facility at Cincinnati/
Northern Kentucky International
Airport in Boone County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a source-specific State
Implementation Plan (SIP) revision
submitted to EPA by the
Commonwealth of Kentucky, through
the Kentucky Division for Air Quality
(KDAQ) on January 17, 2014, for the
purpose of exempting a Hertz
Corporation facility from the Clean Air
Act (CAA or Act) Stage II vapor control
requirements. The subject Hertz
Corporation facility is currently being
constructed at the Cincinnati/Northern
Kentucky International Airport in Boone
County, Kentucky. EPA’s approval of
this revision to Kentucky’s SIP is based
on the December 12, 2006, EPA policy
memorandum from Stephen D. Page,
entitled ‘‘Removal of Stage II Vapor
Recovery in Situations Where
Widespread Use of Onboard Refueling
Vapor Recovery is Demonstrated.’’ This
action is being taken pursuant to the
CAA.
SUMMARY:
This rule will be effective June
23, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0794. All documents in the docket
are listed on the 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
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
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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: For
information regarding this source
specific SIP revision, contact Ms. Kelly
Sheckler, Air Quality Modeling and
Transportation 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. Ms.
Sheckler’s telephone number is (404)
562–9222; email address:
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the CAA Amendments of 1990,
EPA designated and classified three
Kentucky Counties (Boone, Campbell
and Kenton) and four Ohio Counties
(Butler, Clermont, Hamilton and
Warren) (collectively referred to as the
‘‘Cincinnati/Northern Kentucky Area’’)
as a ‘‘moderate’’ nonattainment area for
the 1-hour ozone national ambient air
quality standards (NAAQS). See 56 FR
56694, effective January 6, 1992. The
designation was based on the Area’s 1hour ozone design value of 0.157 parts
per million for the three year period of
1988–1990.
Pursuant to the requirements of
section 182(b)(3) of the CAA, KDAQ
developed the Kentucky Administrative
Regulation (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 Kentucky
on January 12, 1998, and approved by
EPA into the SIP on December 8, 1998.
See 63 FR 675896. Under this
regulation, gasoline dispensing facilities
with a monthly throughput of 25,000
gallons or more located in a Kentucky
County in which the entire County is
classified as severe, serious, or moderate
nonattainment for ozone are required to
install Stage II vapor recovery systems.
On October 29, 1999, KDAQ
submitted to EPA an ozone maintenance
plan and request for redesignation to
attainment for the Kentucky portion of
the Cincinnati/Northern Kentucky Area.
At that time the Kentucky portion of the
Cincinnati/Northern Kentucky Area had
three years of attaining data (1996–1998)
and Kentucky had implemented all
measures then required by the CAA for
a moderate 1-hour ozone nonattainment
area. The maintenance plan, as required
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under section 175A of the CAA, showed
that nitrogen oxides and volatile organic
compounds (VOC) emissions in the
Kentucky portion of the Cincinnati/
Northern Kentucky Area would remain
below the 1990 ‘‘attainment year’s’’
levels. In making these projections,
KDAQ factored in the emissions benefit
(primarily VOC) of the Kentucky portion
of the Cincinnati/Northern Kentucky
Area’s Stage II program, and did not
remove this program from the Kentucky
SIP. 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 Kentucky portion of the Cincinnati/
Northern Kentucky Area, KDAQ elected
not to remove the program from the SIP
at that time.
On April 6, 1994, EPA promulgated
regulations requiring the phase-in of
onboard refueling vapor recovery
(ORVR) systems on new motor vehicles.
Under section 202(a)(6) of the CAA,
moderate ozone nonattainment areas are
not required to implement Stage II vapor
recovery programs after promulgation of
ORVR standards.
KDAQ submitted a SIP revision on
January 17, 2014, to exempt Stage II
vapor control requirements for the Hertz
Corporation facility located at the
Cincinnati/Northern Kentucky
International Airport in Boone County.
On February 14, 2014, EPA published a
proposed rulemaking to approve
Kentucky’s January 17, 2014, SIP
revision related to Stage II requirements
at the Hertz Corporation facility.
Detailed background for today’s final
rulemaking can be found in EPA’s
February 14, 2014, proposed
rulemaking. See 79 FR 8923. The
comment period for this proposed
rulemaking closed on March 17, 2014.
EPA did not receive any comments,
adverse or otherwise, during the public
comment period.
II. Final Action
EPA is taking final action to approve
the aforementioned source-specific SIP
revision request from Kentucky. VOC
emissions from vehicles at the
Cincinnati/Northern Kentucky
International Airport Hertz Corporation
facility are controlled by ORVR,
therefore, EPA has concluded that
removal of Stage II requirements at this
facility would not result in an increase
of VOC emissions, and thus would not
contribute to ozone formation. The
Commonwealth has requested removal
of this requirement for this facility and
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
EPA has determined that Kentucky has
fully satisfied the requirements of
section 110(l) of the CAA. Therefore,
EPA is taking final action to approve
this source-specific SIP revision, as
being consistent with section 110 of the
CAA.
III. 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 July 21, 2014. 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF PLANS
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(c) is amended,
under Table 1, by revising the entry for
‘‘401 KAR 59:174’’ to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS
State citation
*
State effective
date
Title/Subject
*
*
EPA Approval date
*
Explanation
*
*
*
Chapter 59 New Source Standards
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401 KAR 59:174 ............
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Stage II controls at gasoline dispensing facilities.
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05/22/2014 [Insert citation of publication].
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Exemption from Stage II vapor control requirements for rental fleet vehicle refueling at the
Cincinnati/Northern Kentucky International
Airport Enterprise Holdings, Inc., facility and
Hertz Corporation facility.
*
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
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[FR Doc. 2014–11781 Filed 5–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2014–0380; FRL–9911–25–
Region 6]
Finding of Failure To Submit a
Prevention of Significant Deterioration
State Implementation Plan Revision for
Particulate Matter Less Than 2.5
Micrometers (PM2.5); Arkansas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finding that the State
of Arkansas has not made a necessary
Prevention of Significant Deterioration
(PSD) State Implementation Plan (SIP)
submission to address the PSD
permitting of PM2.5 emissions, as
required by the Clean Air Act (CAA).
Specifically, the EPA is determining
that Arkansas has not submitted a SIP
revision to address the PM2.5 PSD
increments and implementing
regulations as promulgated by EPA on
October 20, 2010. The deadline for the
State to make the required submittal
was July 20, 2012. The CAA requires
EPA to promulgate a Federal
Implementation Plan (FIP) to address
the outstanding PSD SIP elements by no
later than 24 months after the effective
date of this finding. EPA is making this
finding in accordance with section 110
and part C of the CAA.
DATES: The effective date of this rule is
May 22, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Adina Wiley, Air permits Section (6PD–
R), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite
1200, Dallas, TX 75202–2733. The
telephone number is (214) 665–2115.
Ms. Wiley can also be reached via
electronic mail at wiley.adina@epa.gov.
SUPPLEMENTARY INFORMATION: Section
553 of the Administrative Procedures
Act (APA), 5 U.S.C. 553(b)(B), provides
that, when an agency for good cause
finds that notice and public procedure
are impracticable, unnecessary, or
contrary to the public interest, the
agency may issue a rule without
providing notice and an opportunity for
public comment. The EPA has
determined that there is good cause for
making this rule final without prior
proposal and opportunity for comment
because no significant EPA judgment is
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involved in making a finding of failure
to submit SIPs, or elements of SIPs,
required by the CAA, where states have
made no submissions to meet the
requirement. No additional fact
gathering is necessary. Thus, notice and
public procedure are unnecessary.
Furthermore, providing notice and
comment would be impracticable
because of the limited time provided
under the CAA for making such
determinations. EPA believes that
because of the limited time provided to
make findings of failure to submit
regarding SIP submissions, Congress did
not intend such findings to be subject to
notice-and-comment rulemaking.
Finally, notice and comment would be
contrary to the public interest because it
would divert Agency resources from the
critical substantive review of submitted
SIPs. See 58 FR 51270, 51272, note 17
(October 1, 1993); 59 FR 39832, 39853
(August 4, 1994). The EPA finds that
these constitute good cause under 5
U.S.C. 553(b)(B).
EPA has also determined that today’s
Finding of Failure to Submit for
Arkansas is effective immediately upon
publication because this final action
falls under the good cause exemption in
5 U.S.C. 553(d)(3) of the APA. The
expedited effective date for this action
is authorized under 5 U.S.C. 553(d)(3),
which 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.’’
The EPA has determined that there is
good cause for making this rule effective
upon publication because the PSD SIP
element is already overdue and the state
has been made aware of applicable
provisions of the CAA relating to
overdue SIP revisions. The State of
Arkansas failed to submit a required
PSD SIP revision by the mandated
deadline of July 20, 2012. We have
previously alerted Arkansas through
meetings that it has failed to make the
submittal by the deadline. Also on May
9, 2014, we sent a letter to Arkansas,
explaining that we were planning to
take the action we are finalizing today.
Consequently, the State has been on
notice that today’s action was pending.
The State and general public are aware
of applicable provisions of the CAA that
relate to failure to submit a required
implementation plan. In addition, this
action only starts a 24-month ‘‘clock’’
wherein the EPA must promulgate a
Federal Implementation Plan.
Furthermore, the purpose of the 30-day
waiting period prescribed in 5 U.S.C.
553(d) is to give affected parties a
reasonable time to prepare before the
final rule takes effect. Whereas here, the
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affected parties, such as the State of
Arkansas and sources within the State,
do not need time to adjust and prepare
before the Finding of Failure to Submit
takes effect. After numerous discussions
with the Arkansas Department of
Environmental Quality to resolve
outstanding issues, the EPA has
determined that moving as
expeditiously as practicable on this
finding is in the best interest of the
implementation of the required PSD
permitting program. The EPA finds that
the above reasons support an effective
date prior to thirty days after the date of
publication and constitute good cause
under 5 U.S.C. 553(d)(3).
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background and Overview
A. Overview of the PM NAAQS
Requirements
B. Revisions to the PSD Program To
Implement the PM NAAQS
1. Required Components of the 2008 NSR
PM2.5 Implementation Rule
2. Required Components of the 2010 PM2.5
PSD Increment—SILs—SMC Rule
3. Optional Components of the 2010 PM2.5
PSD Increment—SILs—SMC Rule
II. Finding of Failure To Submit
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
L. Judicial Review
I. Background and Overview
A. Overview of the PM NAAQS
Requirements
The EPA initially established National
Ambient Air Quality Standards
(NAAQS) for particulate matter (PM)
under section 109 of the CAA in 1971.
Since then, the EPA has made a number
of changes to these standards to reflect
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[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29352-29354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11781]
[[Page 29352]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0794; FRL-9911-24-Region 4]
Approval and Promulgation of Implementation Plans; Kentucky;
Stage II Requirements for Hertz Corporation Facility at Cincinnati/
Northern Kentucky International Airport in Boone County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a source-specific State Implementation Plan (SIP)
revision submitted to EPA by the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality (KDAQ) on January 17, 2014, for the
purpose of exempting a Hertz Corporation facility from the Clean Air
Act (CAA or Act) Stage II vapor control requirements. The subject Hertz
Corporation facility is currently being constructed at the Cincinnati/
Northern Kentucky International Airport in Boone County, Kentucky.
EPA's approval of this revision to Kentucky's SIP is based on the
December 12, 2006, EPA policy memorandum from Stephen D. Page, entitled
``Removal of Stage II Vapor Recovery in Situations Where Widespread Use
of Onboard Refueling Vapor Recovery is Demonstrated.'' This action is
being taken pursuant to the CAA.
DATES: This rule will be effective June 23, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0794. All documents in the docket
are listed on the 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 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: For information regarding this source
specific SIP revision, contact Ms. Kelly Sheckler, Air Quality Modeling
and Transportation 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. Ms.
Sheckler's telephone number is (404) 562-9222; email address:
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under the CAA Amendments of 1990, EPA designated and classified
three Kentucky Counties (Boone, Campbell and Kenton) and four Ohio
Counties (Butler, Clermont, Hamilton and Warren) (collectively referred
to as the ``Cincinnati/Northern Kentucky Area'') as a ``moderate''
nonattainment area for the 1-hour ozone national ambient air quality
standards (NAAQS). See 56 FR 56694, effective January 6, 1992. The
designation was based on the Area's 1-hour ozone design value of 0.157
parts per million for the three year period of 1988-1990.
Pursuant to the requirements of section 182(b)(3) of the CAA, KDAQ
developed the Kentucky Administrative Regulation (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 Kentucky on January 12, 1998, and approved by EPA into the
SIP on December 8, 1998. See 63 FR 675896. Under this regulation,
gasoline dispensing facilities with a monthly throughput of 25,000
gallons or more located in a Kentucky County in which the entire County
is classified as severe, serious, or moderate nonattainment for ozone
are required to install Stage II vapor recovery systems.
On October 29, 1999, KDAQ submitted to EPA an ozone maintenance
plan and request for redesignation to attainment for the Kentucky
portion of the Cincinnati/Northern Kentucky Area. At that time the
Kentucky portion of the Cincinnati/Northern Kentucky Area had three
years of attaining data (1996-1998) and Kentucky had implemented all
measures then required by the CAA for a moderate 1-hour ozone
nonattainment area. The maintenance plan, as required under section
175A of the CAA, showed that nitrogen oxides and volatile organic
compounds (VOC) emissions in the Kentucky portion of the Cincinnati/
Northern Kentucky Area would remain below the 1990 ``attainment
year's'' levels. In making these projections, KDAQ factored in the
emissions benefit (primarily VOC) of the Kentucky portion of the
Cincinnati/Northern Kentucky Area's Stage II program, and did not
remove this program from the Kentucky SIP. 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 Kentucky portion of
the Cincinnati/Northern Kentucky Area, KDAQ elected not to remove the
program from the SIP at that time.
On April 6, 1994, EPA promulgated regulations requiring the phase-
in of onboard refueling vapor recovery (ORVR) systems on new motor
vehicles. Under section 202(a)(6) of the CAA, moderate ozone
nonattainment areas are not required to implement Stage II vapor
recovery programs after promulgation of ORVR standards.
KDAQ submitted a SIP revision on January 17, 2014, to exempt Stage
II vapor control requirements for the Hertz Corporation facility
located at the Cincinnati/Northern Kentucky International Airport in
Boone County. On February 14, 2014, EPA published a proposed rulemaking
to approve Kentucky's January 17, 2014, SIP revision related to Stage
II requirements at the Hertz Corporation facility. Detailed background
for today's final rulemaking can be found in EPA's February 14, 2014,
proposed rulemaking. See 79 FR 8923. The comment period for this
proposed rulemaking closed on March 17, 2014. EPA did not receive any
comments, adverse or otherwise, during the public comment period.
II. Final Action
EPA is taking final action to approve the aforementioned source-
specific SIP revision request from Kentucky. VOC emissions from
vehicles at the Cincinnati/Northern Kentucky International Airport
Hertz Corporation facility are controlled by ORVR, therefore, EPA has
concluded that removal of Stage II requirements at this facility would
not result in an increase of VOC emissions, and thus would not
contribute to ozone formation. The Commonwealth has requested removal
of this requirement for this facility and
[[Page 29353]]
EPA has determined that Kentucky has fully satisfied the requirements
of section 110(l) of the CAA. Therefore, EPA is taking final action to
approve this source-specific SIP revision, as being consistent with
section 110 of the CAA.
III. 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 July 21, 2014. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF 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(c) is amended, under Table 1, by revising the entry
for ``401 KAR 59:174'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/Subject date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 59 New Source Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
401 KAR 59:174................. Stage II controls 01/17/14 05/22/2014 [Insert Exemption from Stage
at gasoline citation of II vapor control
dispensing publication]. requirements for
facilities. rental fleet vehicle
refueling at the
Cincinnati/Northern
Kentucky
International Airport
Enterprise Holdings,
Inc., facility and
Hertz Corporation
facility.
* * * * * * *
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[[Page 29354]]
* * * * *
[FR Doc. 2014-11781 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P