Air Plan Approval; KY: Removal of Reliance on Reformulated Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area, 6496-6503 [2018-03078]
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tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–02894 Filed 2–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0389; FRL–9974–
45—Region 4]
Air Plan Approval; KY: Removal of
Reliance on Reformulated Gasoline in
the Kentucky Portion of the CincinnatiHamilton Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted on September 13,
2017, by the Commonwealth of
Kentucky, through the Kentucky
Division for Air Quality (KDAQ) in
support of the Commonwealth’s
separate petition requesting that EPA
remove the federal reformulated
gasoline (RFG) requirements for Boone,
Campbell, and Kenton counties in the
Kentucky portion of the CincinnatiHamilton, Ohio-Kentucky-Indiana 2008
8-hr ozone maintenance area
(hereinafter referred to as the ‘‘Northern
Kentucky Area’’ or ‘‘Area’’). The SIP
revision revises the Commonwealth’s
maintenance plan emissions inventory
and associated motor vehicle emissions
budgets (MVEBs) to remove reliance on
emissions reductions from the federal
RFG program requirements; a program
that the Commonwealth voluntarily
opted into in 1995. The SIP revision
also includes a non-interference
demonstration evaluating whether
removing reliance on the RFG
requirements in the Northern Kentucky
Area would interfere with the
requirements of the Clean Air Act (CAA
or Act). EPA is proposing to approve
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SUMMARY:
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this SIP revision and the corresponding
non-interference demonstration because
EPA has preliminarily determined that
the revision is consistent with the
applicable provisions of the CAA.
DATES: Comments must be received on
or before March 7, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0389 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Dianna Myers, 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. Ms. Myers can be
reached via telephone at (404) 562–9207
or via electronic mail at Myers.Dianna@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What action is being proposed?
This rulemaking proposes to approve
Kentucky’s September 13, 2017, SIP
revision in support of Kentucky’s
petition to opt-out of the federal RFG
requirements in Boone, Campbell, and
Kenton Counties.1 Specifically, EPA is
1 Pursuant to 40 CFR 80.72(b), the Governor must
submit a petition to the EPA Administrator
requesting removal of any opt-in areas from the
federal RFG program. The petition must include
certain specified information and any additional
information requested by the Administrator. As
fully described in section III below, if RFG is relied
upon as a control measure in any approved SIP or
plan revision, the federal RFG program opt-out
regulations require that a SIP revision must be
submitted. Kentucky’s maintenance plan relied
upon RFG; as a result, Kentucky submitted this SIP
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proposing to approve Kentucky’s
changes to the maintenance plan mobile
emissions inventory and the associated
MVEBs related to its redesignation
request for the Kentucky portion of the
Cincinnati-Hamilton 2008 8-hour ozone
maintenance area to reflect removal of
reliance on federal RFG requirements.
As part of this proposed approval, EPA
is also proposing to find that the
Commonwealth has demonstrated that
removing the federal RFG requirements
in Boone, Campbell, and Kenton
Counties will not interfere with
attainment or maintenance of any
national ambient air quality standards
(NAAQS or standard) or with any other
applicable requirement of the CAA.
On August 26, 2016, Kentucky
submitted a 2008 8-hour ozone
redesignation request and maintenance
plan for the Cincinnati-Hamilton Area,
which EPA approved on July 5, 2017 (82
FR 30976).2 With its redesignation
request, Kentucky included a
maintenance demonstration plan that
estimates emissions through 2030 that
modeled RFG because Kentucky
previously opted into the RFG program.
However, through this SIP revision,
KDAQ is updating the mobile (on-road
and non-road) emissions inventory for
that maintenance plan (including the
MVEBs) to reflect Kentucky’s petition to
opt-out of the RFG requirements for
Boone, Campbell, and Kenton counties
in the Northern Kentucky Area. The
updates are summarized in Kentucky’s
submittal.
In support of the September 13, 2017,
SIP revision, Kentucky has evaluated
whether removing reliance on the
federal RFG requirements would
interfere with air quality in the Area. To
make this demonstration of
noninterference, Kentucky completed a
technical analysis, including modeling,
to estimate the change in emissions that
would result from removing RFG from
Boone, Campbell, and Kenton Counties
in the Northern Kentucky Area.
In the noninterference demonstration,
Kentucky used EPA’s Motor Vehicle
Emissions Simulator (MOVES) to
develop its projected emissions
inventory according to EPA’s guidance
for on-road mobile sources using
revision. The decision on whether to grant the optout petition pursuant to 40 CFR 80.72(b) is at the
discretion of the Administrator and will be made
through a separate action.
2 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. This
action only pertains to the Kentucky portion of the
maintenance area.
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MOVES version 2014a.3 Future-year onroad mobile source emissions estimates
for volatile organic compounds (VOC)
and nitrogen oxides (NOX) for years
2020 and 2030 were generated with
MOVES2014a without RFG. Emissions
estimates were interpolated for the year
2025. The noninterference
demonstration showed compliance with
and maintenance of the 2008 8-hour
ozone NAAQS by showing that current
and future emissions of NOX and VOC
remain at or below the 2014 base year
emissions inventory without the use of
RFG. For more detailed information on
the current approved maintenance plan,
see EPA’s May 1, 2017 (82 FR 20297),
proposed approval of Kentucky’s
maintenance plan for the 2008 8-hour
ozone NAAQS.
In this action, EPA is proposing to
approve the revision to the
Commonwealth’s maintenance plan
emissions inventory and associated
MVEBs to remove reliance on emissions
reductions from the federal RFG
program requirements, and to find that
Kentucky’s noninterference
demonstration supports the conclusion
that removal of reliance on federal RFG
requirements in Boone, Campbell, and
Kenton Counties in the Northern
Kentucky Area will not interfere with
attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA.
II. What is the background for the
Northern Kentucky area?
Northern Kentucky was included in
the Cincinnati-Hamilton Area which
was originally designated as a moderate
nonattainment area for the 1-hour ozone
standard on November 6, 1991 (56 FR
56694). In 1995, Kentucky voluntarily
opted into the RFG program under
Phase I of a two-phase nationwide
program to reduce the volatility of
commercial gasoline during the summer
ozone season. Kentucky elected to stay
in the program under Phase II which
was more stringent than Phase I.
On July 18, 1997, EPA promulgated a
revised 8-hr ozone standard of 0.08
parts per million (ppm). This standard
was more stringent than the 1-hour
ozone standard. On June 19, 2000 (65
FR 37879), the Cincinnati-Hamilton 1hour nonattainment Area was
redesignated as attainment for the 1hour ozone NAAQS, and was
considered to be a maintenance area
subject to a CAA section 175A
3 Kentucky used the NONROAD 2008 model
within MOVES2014a to develop the non-road
emissions inventory to reflect the emissions
changes from removing RFG from the Northern
Kentucky Area. Table 1 reflects the emissions
changes.
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maintenance plan for the 1-hour ozone
NAAQS. On April 30, 2004, EPA
designated the Cincinnati-Hamilton OHKY-IN Area under subpart 1 as a ‘‘basic’’
1997 8-hour ozone NAAQS
nonattainment area (69 FR 23857).4 On
August 5, 2010 (75 FR 47218), the
Kentucky portion of the CincinnatiHamilton 1997 8-hour ozone area was
redesignated to attainment. On March
12, 2008, EPA revised both the primary
and secondary NAAQS for ozone to a
level of 0.075 ppm to provide increased
protection of public health and the
environment. See 73 FR 16436 (March
27, 2008). The 2008 ozone NAAQS
retains the same general form and
averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more
protective level. Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15.
Effective July 20, 2012, EPA
designated any area that was violating
the 2008 8-hour ozone NAAQS based on
the three most recent years (2008–2010)
of air monitoring data as a
nonattainment area. See 77 FR 30088
(May 21, 2012). The CincinnatiHamilton, OH-KY-IN Area was
designated as a marginal ozone
nonattainment area.5 See 40 CFR 81.318.
Areas that were designated as marginal
nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS as
expeditiously as possible but no later
than July 20, 2015, based on 2012–2014
monitoring data. On May 4, 2016 (81 FR
26697), EPA published its
determination that the CincinnatiHamilton, OH-KY-IN Area had attained
the 2008 8-hour ozone NAAQS by the
attainment deadline.
III. What is the history of the
reformulated gasoline requirement?
The 1990 amendments to the CAA
designed the RFG program to reduce
ozone levels in the largest metropolitan
areas in the country with the worst
ground-level ozone or smog problems by
reducing vehicle emissions of
compounds that form ozone,
specifically VOC. The 1990 CAA
amendments, specifically section
4 The 1997 8-hour ozone area included in its
entirety Boone, Campbell, and Kenton Counties in
Kentucky and Butler, Clermont, Clinton, Hamilton
and Warren Counties in Ohio; and a portion of
Dearborn County in Indiana.
5 The 2008 8-hr ozone area included portions of
Boone, Campbell, and Kenton Counties; Butler,
Clermont, Clinton, Hamilton and Warren Counties
in its entirety in Ohio; and a portion of Dearborn
County in Indiana.
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211(k)(5), directed EPA to issue
regulations that specify how gasoline
can be ‘‘reformulated’’ so as to result in
significant reductions in vehicle
emissions of ozone-forming and toxic
air pollutants relative to the 1990
baseline fuel, and to require the use of
such reformulated gasoline in certain
‘‘covered areas.’’ The Act defined
certain nonattainment areas as ‘‘covered
areas’’ which are required to use RFG
and provided other areas with an ability
to ‘‘opt-in’’ to the federal RFG program.6
Of relevance here is CAA section
211(k)(6), which provides that upon
application of the Governor of a State,
the Administrator shall apply the
prohibition contained in section
211(k)(5) for areas to ‘‘opt-in’’ to the
federal RFG program. In 1993,7 the
Governor of the Commonwealth of
Kentucky petitioned the Administrator
to ‘‘opt-in’’ to the RFG program for the
Northern Kentucky Area which
consisted of Boone, Campbell, and
Kenton Counties.
EPA first published regulations for the
federal RFG program on February 16,
1994 (59 FR 7716). These regulations
constituted Phase I of a two-phase
nationwide program. A current listing of
the RFG requirements for states can be
found on EPA’s website at: https://
www.epa.gov/gasoline-standards. The
federal RFG regulations also contain
provisions, at 40 CFR 80.72, establishing
criteria and procedures for opting out of
the program for those states that had
previously voluntarily opted into the
program (‘‘opt-out provisions’’). For
example, the opt-out provisions require
that a governor, or his or her authorized
representative, submit an opt-out
petition to the Administrator of the
Agency. The opt-out petition must
include certain information, including a
description of how, if at all,
reformulated gasoline has been relied
upon as a control measure in any state
or local implementation plan or in any
proposed plan that is pending before
EPA. This would include, for example,
attainment as well as maintenance
plans. The petition must also include an
explanation of whether the state is
6 CAA section 211(k)(5) prohibits the sale of
conventional gasoline (i.e., gasoline that the EPA
has not certified as reformulated) in certain ozone
nonattainment areas beginning January 1, 1995.
CAA section 211(k)(10)(D) defines the areas initially
covered by the federal RFG program as ozone
nonattainment areas having a 1980 population in
excess of 250,000 and having the highest ozone
design values during the period 1987 through 1989.
In addition, under CAA section 211(k)(10)(D), any
area reclassified as a severe ozone nonattainment
area under CAA section 181(b) is also included in
the federal RFG program.
7 A copy of Kentucky’s letter is included in the
docket.
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intending to submit a revision to an
approved or pending plan that does not
use RFG as a control measure, and a
description of alternative air quality
measures, if any, that will replace the
use of RFG; a description of the current
status of any proposed revision to an
approved or pending plan that uses
RFG; and a projected schedule for the
plan revision submission. See 40 CFR
80.72(b)(3) and (b)(4).
On April 18, 2017, Kentucky
submitted a petition to the EPA
Administrator requesting to opt-out of
the federal RFG program in the Northern
Kentucky Area and as stated above, this
SIP revision is submitted in support of
that petition (particularly the
requirements of 40 CFR 80.72(b)(3) and
(b)(4)).8 Kentucky’s opt-out petition will
be acted on by the Administrator in a
separate action, and if approved in that
separate action, will establish the
effective date of the opt-out, which
cannot be less than 90 days from the
effective date of the approval of the SIP
revision that is the subject of today’s
proposal. EPA will also publish a notice
in the Federal Register to notify the
public of the effective date of any optout approval.
IV. What are the section 110(l)
requirements?
The modeling associated with
KDAQ’s maintenance plan for the 2008
8-hour ozone NAAQS is premised upon
the future-year emissions estimates for
2017, 2020, and 2030, which are based
on the RFG requirement. To support
Kentucky’s requested SIP revision to
remove the maintenance plan’s reliance
on the federal RFG requirements in
Boone, Campbell, and Kenton Counties,
the Commonwealth must demonstrate
that the requested change will satisfy
section 110(l) of the CAA. Section 110(l)
requires that a revision to the SIP not
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. Kentucky
submitted a non-interference
demonstration with this SIP revision
and EPA is proposing to find that the
analysis demonstrates noninterference
based on an evaluation of current air
quality monitoring data and the
information provided in the
noninterference demonstration.
EPA evaluates each section 110(l)
noninterference demonstration on a
case-by-case basis considering the
circumstances of each SIP revision. EPA
interprets section 110(l) as applying to
all NAAQS that are in effect, including
those that have been promulgated but
for which EPA has not yet made
designations. The degree of analysis
focused on any particular NAAQS in a
noninterference demonstration varies
depending on the nature of the
emissions associated with the proposed
SIP revision. EPA’s section 110(l)
analysis of the noninterference
demonstration included as part of
Kentucky’s September 13, 2017, SIP
revision is provided below.
V. What is EPA’s analysis of Kentucky’s
submittal?
a. Overall Preliminary Conclusions
Regarding Kentucky’s Noninterference
Analyses
The RFG program is designed to
reduce ozone levels and air toxics in
areas that are required to or volunteered
to adopt the program. RFG gasoline
reduces motor vehicle emissions of the
ozone precursors, NOX and VOC
(mainly VOC), through fuel
reformulation. On September 13, 2017,
KDAQ submitted a SIP revision along
with a corresponding noninterference
demonstration to support Kentucky’s
separate petition to opt-out of the RFG
requirements for Boone, Campbell, and
Kenton Counties. This noninterference
demonstration includes an evaluation of
the impact that removing RFG from
these counties would have on the Area’s
ability to attain or maintain the 2008
ozone NAAQS and any other NAAQS in
the Kentucky Area.9 Kentucky’s
noninterference analysis also evaluated
the impact of the removal of RFG on the
Area’s ability to attain or maintain the
ozone, particulate matter (PM),10
nitrogen dioxide (NO2), sulfur dioxide
(SO2), and carbon monoxide (CO)
NAAQS.
KDAQ’s noninterference analysis
utilized EPA’s MOVES2014a emission
modeling system to estimate emissions
for years 2017, 2020, and 2030 for onroad and non-road mobile sources. See
Appendix E–1 and E–2 of the September
13, 2017, submittal for detailed
modeling protocol.11 The
NONROAD2008 model within
MOVES2014a was used to model the
non-road sources. These mobile source
emissions are used as part of the
evaluation of the potential impacts to
the NAAQS that might result
exclusively from removing the RFG
requirements. NOX and VOC emissions
were calculated for a typical summer
July day.
As summarized in Tables 1 and 2,
below, the MOVES model projects small
increases in on-road mobile source VOC
and NOX emissions in the Northern
Kentucky portion of the CincinnatiHamilton OH-IN-KY 2008 8-hour Ozone
Area from removing the federal RFG
requirements. On-road mobile sources
include vehicles used on roads for
transportation of passengers or freight.
Daily on-road mobile VOC emissions are
projected to increase by 0.25 ton in 2017
down to 0.05 ton in 2030 during the
high ozone season.12 Daily on-road NOX
emissions are projected to increase by
0.29 ton in 2017 down to 0.06 ton in
2030. The modeling shows an overall
downward trend in on-road emissions
from removing RFG from the area. Daily
VOC emissions decrease by 64.5 percent
and daily NOX emissions decrease by
74.6 percent.
TABLE 1—ON-ROAD VOC EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY
[TSD]
2014
2017
2020
2025
2030
Counties
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RFG
Boone ...........................................
Campbell ......................................
Kenton ..........................................
RFG
2.53
1.58
2.39
8 A copy of the opt-out petition is included in the
docket.
9 The six NAAQS for which EPA establishes
health and welfare based standards are CO, lead,
NO2, ozone, PM, and SO2. RFG requirements do not
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Non-RFG
2.00
1.18
2.10
2.09
1.23
2.21
RFG
Non-RFG
1.53
0.90
1.61
1.58
0.93
1.66
have an impact on actual or modeled lead
emissions.
10 PM is composed of PM
2.5 and PM10.
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RFG
Non-RFG
1.19
0.70
1.25
1.23
0.73
1.29
RFG
0.86
0.51
0.90
Non-RFG
0.87
0.52
0.92
11 The modeling results and original emissions
inventories for the 2008 8-hr Redesignation Request
and Maintenance Plan is included in the docket.
12 High ozone season begins June 1st and ends
September 15th of each year.
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TABLE 1—ON-ROAD VOC EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY—Continued
[TSD]
2014
2017
2020
2025
2030
Counties
RFG
RFG
NKY Totals 13 ........................
6.50
Emissions Increase ........
................
Non-RFG
5.28
RFG
5.53
Non-RFG
4.03
0.25
RFG
4.18
Non-RFG
3.14
0.15
RFG
3.25
Non-RFG
2.26
0.11
2.31
0.05
TABLE 2—ON-ROAD NOX EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY
[TSD]
2014
2017
2020
2025
2030
Counties
RFG
RFG
Non-RFG
RFG
Non-RFG
RFG
Non-RFG
RFG
Non-RFG
Boone ...........................................
Campbell ......................................
Kenton ..........................................
5.46
3.41
5.17
4.49
2.55
4.54
4.58
2.60
4.69
3.20
1.82
3.24
3.26
1.86
3.30
2.28
1.30
2.30
2.32
1.32
2.35
1.36
0.77
1.37
1.38
0.78
1.40
NKY Totals ............................
14.04
11.58
11.87
8.26
8.42
5.88
5.99
3.50
3.56
Emissions Increase ........
................
Tables 3 and 4, below, show the total
projected emissions of VOC and NOX
from all sectors in the Northern
Kentucky portion of the CincinnatiHamilton OH-KY-IN 2008 8-hour Ozone
Area. Kentucky’s emissions inventory
for its portion of the Area provides 2011
anthropogenic emissions data for NOX
and VOC for the following general
0.29
0.16
0.11
source categories: Point (Electric
Generating Units and Non-Electric
Generating Units and aircraft
emissions),14 area, non-road mobile, and
on-road mobile. All emissions
information provided is based on the
partial county boundaries, through the
applicable census tracts, that comprise
the Kentucky portion of the Area. Tables
0.06
3 and 4, below, provides a summary of
the emissions inventory.
Emissions reported for 2014 assume
the use of RFG for Boone, Campbell, and
Kenton Counties whereas emissions
from 2017 through 2030 assume no
RFG.
TABLE 3—TOTAL VOC EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA
[TSD]
VOC
2014
BOONE:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
On-road .................................................................................................................
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Total ...............................................................................................................
CAMPBELL:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
On-road .................................................................................................................
Total ...............................................................................................................
KENTON:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
13 The totals in the column may differ slightly
from the submittal due to how the decimal places
were truncated.
14 The emissions inventories in Kentucky’s
submission identify aircraft emissions as a
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2020
2025
2030
0.16
1.57
0.42
* 1.30
2.56
* 2.53
0.16
1.57
0.44
** 2.25
2.46
** 2.09
0.16
1.57
0.45
** 2.06
2.41
** 1.58
0.16
1.57
0.26
** 2.04
2.38
** 1.23
0.16
1.57
0.06
** 2.01
2.36
** 0.87
8.54
8.97
8.23
7.63
7.03
0.00
0.22
0.00
* 0.34
1.26
* 1.58
0.00
0.22
0.00
** 0.55
1.23
** 1.23
0.00
0.22
0.00
** 0.50
1.22
** .93
0.00
0.22
0.00
** 0.49
1.21
** 0.73
0.00
0.21
0.00
** 0.48
1.19
** 0.52
3.4
3.23
2.87
2.65
2.40
0.00
0.51
0.00
* 0.55
2.43
0.00
0.50
0.00
** 1.01
2.35
0.00
0.49
0.00
** 1.00
2.31
0.00
0.48
0.00
** 1.05
2.28
0.00
0.47
0.00
** 1.09
2.25
standalone category and refer to these emissions as
‘‘air emissions’’ for consistency with the inventories
provided by Indiana and Ohio for their respective
portions of the Area. Indiana Department of
Environmental Management (IDEM) provided
aircraft emissions data for Kentucky, and Kentucky
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included these emissions in Boone County where
the Cincinnati/Northern Kentucky International
Airport is located. EPA has included these
emissions within the point source category per the
AERR.
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TABLE 3—TOTAL VOC EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA—Continued
[TSD]
VOC
2014
2017
2020
2025
2030
On-road .................................................................................................................
* 2.39
** 2.21
** 1.66
** 1.29
** 0.92
Total ...............................................................................................................
5.88
6.07
5.46
5.10
4.73
NKY Total ...............................................................................................
17.82
18.27
16.56
15.38
14.16
* With RFG.
** Without RFG.
TABLE 4—TOTAL NOX EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA
[TSD]
NOX
2014
BOONE:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
On-road .................................................................................................................
2017
2020
2025
2030
7.23
0.14
2.07
* 0.88
0.43
* 5.46
7.46
0.15
2.18
** 1.60
0.43
** 4.58
7.71
0.15
2.29
** 1.33
0.43
** 3.26
7.96
0.18
1.29
** 1.17
0.44
** 2.32
8.33
0.18
0.29
** 1.00
0.44
** 1.38
Total ...............................................................................................................
CAMPBELL:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
On-road .................................................................................................................
16.21
16.40
15.17
13.35
11.62
0.00
0.17
0.00
* 0.32
0.49
* 3.41
0.00
0.17
0.00
** 0.53
0.49
** 2.60
0.00
0.17
0.00
** 0.45
0.49
** 1.86
0.00
0.17
0.00
** 0.40
0.49
** 1.32
0.00
0.17
0.00
** 0.35
0.49
** 0.78
Total ...............................................................................................................
KENTON:
EGU ......................................................................................................................
Non-EGU ..............................................................................................................
Air ..........................................................................................................................
Non-road ...............................................................................................................
Area ......................................................................................................................
On-road .................................................................................................................
4.39
3.79
2.97
2.38
1.79
0.00
0.01
0.00
* 0.64
1.02
* 5.17
0.00
0.01
0.00
** 1.12
1.02
** 4.69
0.00
0.01
0.00
** 0.93
1.02
** 3.30
0.00
0.01
0.00
** 0.83
1.02
** 2.35
0.00
0.01
0.00
** 0.73
1.02
** 1.40
Total ...............................................................................................................
6.84
6.84
5.26
4.20
3.15
NKY Total ......................................................................................................
27.44
27.03
23.40
19.93
16.56
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* With RFG.
** Without RFG.
There were little to no changes in
NOX and VOC emissions from the point
source categories that would impact the
RFG removal in the Northern Kentucky
Area. The original point source
categories inventory contains actual
point source emissions data for facilities
located within the nonattainment
boundary for the Kentucky portion of
the Area based on the Kentucky
Emissions Inventory database.15
Area sources are small emission
stationary sources which, due to their
large number, collectively have
significant emissions (e.g., dry cleaners,
service stations). The modeling results
show a reduction in VOC emissions and
little to no change in NOX emissions by
removing RFG from these sources
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways (e.g., lawn mowers,
construction equipment, and railroad
locomotives). Modeling results indicate
there are slight VOC emissions increases
from removing RFG. From 2017 to 2030,
the VOC emissions increases fall within
a range of 0.22 tsd to 0.24 tsd in the
Northern Kentucky Area. The NOX
emissions remain the same from 2017 to
2030 when RFG is removed. See
Appendix E–2 of the submittal.16
15 As discussed above, EPA has included aircraft
emissions within the point source category per the
AERR.
16 Appendix E–2 of the September 13, 2017
submittal details the increases in non-road
emissions with and without RFG.
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Overall, the modeling shows VOC
emissions decrease from the 2014
attainment year to the 2030 ‘‘out year’’
by 3.66 tsd which is a 20.5 percent
reduction. NOX emissions also decrease
from the 2014 attainment year to the
2030 ‘‘out year’’ by 10.88 tsd which is
a 39.7 percent NOX reduction without
RFG in the Northern Kentucky portion
of the Cincinnati-Hamilton OH-KY-IN
Area 2008 8-hour Ozone Area.
b. Noninterference Analysis for the
Ozone NAAQS
As a previous 1-hour ozone
nonattainment area, Kentucky opted
Boone, Campbell, and Kenton Counties
into the federal RFG requirements for
high ozone season gasoline to help bring
the area into attainment for the 1-hour
ozone NAAQS. This control measure
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continues to apply in the Northern
Kentucky Area because the
Commonwealth did not, until now,
petition for the removal of the federal
RFG requirements. The RFG program
has contributed toward lowering VOC
and NOX emissions in the Northern
Kentucky Area. Implementation of
federal control measures such as Tier 3
Motor Vehicle Emissions and Fuel
Standards,17 Heavy-Duty Engine and
Vehicle Standards and Highway Diesel
Fuel Sulfur Control Requirements,18
Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium and
Heavy-Duty Engines and Vehicles-Phase
2,19 and Model Year 2017 and Later
Light-Duty Vehicle Greenhouse Gas
Emissions and Corporate Average Fuel
Economy Standards,20 along with fleet
turnover, further reduced NOX and VOC
emissions in the area. As a result, the
Northern Kentucky Area was
redesignated to attainment for the 1hour ozone NAAQS, the 1997 8-hour
ozone NAAQS, and the 2008 8-hour
ozone NAAQS. The Northern Kentucky
Area is continuing to meet the 1-hour
ozone NAAQS and the 1997 8-hour
ozone NAAQS, even though these
NAAQS have been revoked,21 as well as
the 2008 8-hour ozone NAAQS, based
on recent air quality monitoring data.22
The 2008 ozone NAAQS is met when
6501
the annual fourth-highest daily
maximum 8-hour average concentration,
averaged over 3 years is 0.075 ppm or
less. The 2015 ozone NAAQS, as
published in a final rule on October 26,
2015 (80 FR 65292), is met when the
annual fourth-highest daily maximum 8hour average concentration, averaged
over 3 years is 0.070 ppm or less. The
trend in monitoring levels for ozone for
the Northern Kentucky portion of the
Cincinnati-Hamilton OH-KY-IN Area is
shown in Table 5, with the current
monitoring levels for the Boone and
Kenton County monitors for the period
of 2014–2016 being 0.062 ppm and
0.070 ppm, respectively.
TABLE 5—MONITORING LEVEL CONCENTRATIONS FOR THE NORTHERN KENTUCKY AREA
[ppm]
4th Highest 8-hour ozone value
(ppm)
Site ID
2013
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Boone, KY ............................................
Campbell, KY .......................................
21–015–0003
21–037–3002
EPA also evaluated the potential
increase in the VOC and NOX precursor
emissions and whether it is reasonable
to conclude that the requested removal
of the RFG requirements in Northern
Kentucky during the high ozone season
would cause the Area to violate any
ozone NAAQS. Table 5 shows that there
is an overall downward trend in ozone
concentrations in the Northern
Kentucky Area. This decline can be
attributed to federal and state programs
in addition to those mentioned above
that have led to significant emissions
reductions in ozone precursors, such as
the federal interstate transport rule
known as the Cross State Air Pollution
Rule (CSAPR), federal standards in onroad and non-road mobile source sectors
such as the Corporate Average Fuel
´
Economy (CAFE) standards (See 75 FR
25324), and Tier Motor Vehicle
Emissions and Fuel Standards (79 FR
23414). Given the results of Kentucky’s
emissions analysis, the downward trend
in precursor emissions, and the current
ozone concentrations in the Northern
Kentucky Area, EPA is proposing to find
that removing reliance on RFG
requirements in Boone, Campbell, and
Kenton Counties will not interfere with
Kentucky’s ability to maintain the 2008
8-hour ozone NAAQS.
FR 23414.
FR 5002.
19 81 FR 73478.
20 77
21 70
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0.071
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FR 44470 and 80 FR 12264, respectively.
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2014–2016
2016
0.063
0.071
EPA initially established NAAQS for
CO on April 30, 1971 (36 FR 8186). The
standards were set at 9 ppm as an 8hour average and 35 ppm as a 1-hour
average, neither to be exceeded more
than once per year. On November 6,
1971 (56 FR 56694), EPA designated
areas for the 8-hour CO NAAQS. The
Northern Kentucky counties of Boone,
Campbell, and Kenton have never been
designated nonattainment for any CO
NAAQS. EPA retained the 1-hour and 8hour CO NAAQS on August 31, 2011,
and Kentucky has continued to
maintain compliance with the NAAQS
due to non-RFG federal control
measures put in place. RFG
requirements will have little to no
impacts on CO emissions because, as
mentioned earlier, the RFG program was
developed to address emissions of the
ozone precursors, NOX and VOC. As a
result, EPA is proposing to find that
removing reliance on RFG requirements
in Boone, Campbell, and Kenton
Counties will not interfere with
Kentucky’s ability to continue attaining
the CO NAAQS.
18 66
19:09 Feb 13, 2018
2015
c. Noninterference Analysis for the
Carbon Monoxide NAAQS
17 79
VerDate Sep<11>2014
0.059
0.072
2014
3-Year
design
values
(ppm)
2013–2015
Location
3-Year
design
values
(ppm)
0.061
0.068
0.061
0.071
0.062
0.070
d. Noninterference Analysis for the
Particulate Matter NAAQS
The main precursor pollutants for
PM2.5 are NOX, SO2, VOC, and
ammonia. As mentioned above, the
federal RFG requirements result in
emissions benefits for VOC, NOX and air
toxics. Over the course of several years,
EPA has reviewed and revised the PM2.5
NAAQS a number of times. On July 16,
1997, EPA established an annual PM2.5
NAAQS of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations,
and a 24-hour PM2.5 NAAQS of 65 mg/
m3, based on a 3-year average of the
98th percentile of 24-hour
concentrations. See 62 FR 36852 (July
18, 1997). On September 21, 2006, EPA
retained the 1997 Annual PM2.5 NAAQS
of 15.0 mg/m3 but revised the 24-hour
PM2.5 NAAQS to 35 mg/m3, based again
on a 3-year average of the 98th
percentile of 24-hour concentrations.
See 71 FR 61144 (October 17, 2006). The
1997 Annual PM2.5 NAAQS has been
revoked for all purposes effective
October 24, 2016 (81 FR 58010). On
December 14, 2012, EPA retained the
2006 24-hour PM2.5 NAAQS of 35 mg/m3
but revised the annual primary PM2.5
NAAQS to 12.0 mg/m3, based again on
a 3-year average of annual mean PM2.5
22 On May 4, 2016 (81 FR 26697), EPA
determined the Cincinnati-Hamilton, OH-KY-IN
Area attained the 2008 8-hr ozone NAAQS by the
attainment date.
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concentrations. See 78 FR 3086 (January
15, 2013). The Northern Kentucky area
was designated as unclassifiable/
attainment on April 15, 2015 (80 FR
18535).
PM2.5 levels across Kentucky declined
from 1999 to 2016. In 2016, there were
19 PM2.5 monitors in Kentucky
including one in Campbell County. The
Campbell County PM2.5 monitor
calculated a 3-weighted average design
value of 8.9 mg/m3. The largest sources
of PM2.5 in Kentucky are from fires,
agriculture, dust, fuel combustion, and
industrial processes.23 Moreover, there
have been a number of studies which
have indicated that SO2 is the primary
driver of PM2.5 formation in the
Southeast.24 Opting out of the RFG
requirements in the Area will have little
to no impact on the precursor emissions
as indicated by the decline in VOC and
NOX emissions in Tables 3 and 4 above.
Based on this information and the
current attainment status of the
Cincinnati-Hamilton OH-KY-IN 2012
p.m.2.5 Area, EPA is proposing to find
that removing reliance on RFG
requirements in Boone, Campbell, and
Kenton Counties will not interfere with
Northern Kentucky’s ability to maintain
the 2012 PM2.5 NAAQS.
53 parts per billion (ppb). A 3-year
average of the 98th percentile of daily
maximum 1-hr averages must not
exceed 100 ppb. The secondary
standard is an annual arithmetic mean
that must not exceed 53 ppb. In 2016,
Kentucky operated seven NO2 monitors,
including one in Campbell County. The
2014–2016 1-hr average design value for
the Campbell County NO2 monitor is 30
ppb, with an annual mean of 2.31 ppb.
Both of these values are significantly
below the respective standards of 100
ppb and 53 ppb. Based on the technical
analysis in Kentucky’s September 13,
2017, noninterference demonstration, as
shown in Table 4, there is a reduction
in NOX emissions from the 2014
attainment year to the 2030 ‘‘out year’’
from 27.44 tsd to 16.56 tsd which is a
39.7 percent reduction overall.
Based on the amount of NOX
reductions, the use of pollution control
devices on power plants, industrial
boilers, fleet turnover, and other federal
control measures for motor vehicles,
EPA is proposing to find that removing
reliance on RFG requirements in Boone,
Campbell and Kenton Counties will not
interfere with Kentucky’s ability to
continue attaining the 2010 NO2
NAAQS in the Northern Kentucky Area.
e. Noninterference Analysis for the 2010
NO2 NAAQS
f. Noninterference Analysis for the SO2
NAAQS
On February 9, 2010 (75 FR 6474),
EPA strengthen the NO2 standards. All
of the counties in Kentucky were
designated unclassifiable/attainment for
the 2010 NO2 NAAQS on February 17,
2012 (77 FR 9532). There are both
primary and secondary standards for
NO2. The primary NAAQS is an annual
arithmetic mean that must not exceed
On June 22, 2010 (75 FR 35520), EPA
revised the SO2 standard. There are both
primary and secondary standards for
SO2. The primary SO2 NAAQS is a 3year average of the 99th percentile of the
daily maximum 1-hour concentration
not to exceed 75 ppb. The secondary
standard is a 3-hour concentration not
to exceed 0.5 ppm more than once per
year. In 2016, Kentucky operated 12 SO2
monitors, including one in Campbell
County. The Campbell County SO2
monitor has a 2014–2016 design value
of 30 ppb for the 1-hour SO2 NAAQS.
Based on the monitoring/modeling
data, EPA is proposing to find that
removing reliance on RFG requirements
in Boone, Campbell, and Kenton
Counties will not interfere with
Kentucky’s ability to maintain the SO2
NAAQS.
VI. Proposed Action
EPA is proposing to approve
Kentucky’s revision to its maintenance
plan and corresponding noninterference
demonstration, submitted on September
13, 2017, in support of Kentucky’s
separate petition to opt-out of the
federal RFG requirements for Boone,
Campbell, and Kenton Counties.
Specifically, EPA is proposing to find
that this change in removing reliance on
the federal RFG requirements for Boone,
Campbell, and Kenton Counties will not
interfere with attainment or
maintenance of the NAAQS or with any
other applicable requirement of the
CAA. Kentucky’s September 13, 2017,
SIP revision updates its maintenance
plan and the associated MVEBs related
to Kentucky’s redesignation request for
the Kentucky portion of the 2008
Cincinnati-Hamilton OH-IN-KY 8-hour
Ozone Area to reflect emissions changes
for opting out of the federal RFG
requirements. EPA is proposing to
approve the changes to update the 2008
maintenance plan and associated 2020
and 2030 MVEBs. The same criteria
used to develop the MVEBs in the
original SIP are used for this SIP
revision. See Table 6 below.
TABLE 6—UPDATED MVEBS FOR THE KENTUCKY PORTION OF CINCINNATI-HAMILTON, OH-KY-IN AREA
[TSD]
2020
NOX
daltland on DSKBBV9HB2PROD with PROPOSALS
On-Road Emissions .........................................................................................
Safety Margin ...................................................................................................
MVEBs with Safety Margin ..............................................................................
2030
VOC
8.42
.61
9.03
NOX
4.17
.19
4.36
VOC
3.56
1.63
5.19
2.31
.55
2.86
EPA has preliminarily determined
that Kentucky’s September 13, 2017, SIP
revision is consistent with the
applicable provisions of the CAA,
including section 110(l). In this action,
EPA is not proposing to act on the
Commonwealth’s opt-out petition to the
EPA Administrator to remove the
federal RFG requirement for Boone,
Campbell, and Kenton Counties. Any
decision by the Administrator on the
opt-out petition would occur in a
separate action.
VII. Statutory and Executive Order
Reviews
23 https://www.epa.gov/air-emissions-inventories/
air-emissions-sources.
24 See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the
Southeastern United States, Journal of
Environmental Engineering (June 24, 2009),
available at: https://www.sciencedirect.com/science/
article/pii/S0301479709001893?via%3Dihub.
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Under the CAA, 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,
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve changes to the
Commonwealth’s maintenance plan
emissions inventory and associated
MVEBs to remove reliance on emissions
reductions from the federal RFG
program requirements. For that reason,
this proposed action:
• Is not a significant regulatory action
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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).
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 rulemaking 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.
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19:09 Feb 13, 2018
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018–03078 Filed 2–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0335; FRL–9973–
43—Region 6]
Approval and Promulgation of
Implementation Plans; Texas;
Disapproval of Interstate Transport
State Implementation Plan Revision for
the 2006 24-hour PM2.5 NAAQS;
Withdrawal of Proposed Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing its
proposed rule to disapprove the portion
of the November 23, 2009 Texas State
Implementation Plan (SIP) submittal
that intended to demonstrate that the
SIP met Clean Act (CAA) requirements
to prohibit emissions which will
significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
National Ambient Air Quality Standards
(NAAQS) in other states.
DATES: The proposed rule published on
April 13, 2011 (76 FR 20602) is
withdrawn as of February 14, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2011–0335. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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
SUMMARY:
PO 00000
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6503
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: Carl
Young, (214) 665–6645, young.carl@
epa.gov.
In an
April 13, 2011 action EPA proposed to
disapprove the portion of a November
23, 2009 Texas SIP submittal that
intended to demonstrate that the SIP
met the requirements of CAA section
110(a)(2)(D)(i)(I) to prohibit emissions
which will significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in other states (76 FR 20602).
EPA is now withdrawing the proposal.
In a separate Federal Register action
published in conjunction with this
withdrawal EPA is proposing to approve
this portion of the SIP submittal. The
rationale for the proposed approval is
detailed in that proposal.
SUPPLEMENTARY INFORMATION:
Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–02893 Filed 2–13–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1304
RIN 0970–AC63
Head Start Designation Renewal
System Improvements
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Request for comments; re-issue.
AGENCY:
OHS issues this request for
comments to invite public feedback on
information we inadvertently omitted
from the ‘‘CLASS Condition of the Head
Start Designation Renewal System,’’
request for comments, published on
December 8, 2017. The document
withdrawing the ‘‘CLASS Condition of
the Head Start Designation Renewal
System’’ request for comments is
published elsewhere in this issue of the
Federal Register. This request for
comments is similar to the withdrawn
publication in that it invites the public
to comment on specific changes OHS is
considering for the CLASS condition, as
well as other Designation Renewal
System (DRS) conditions and processes
more broadly. Additionally, OHS seeks
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6496-6503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03078]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0389; FRL-9974-45--Region 4]
Air Plan Approval; KY: Removal of Reliance on Reformulated
Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted on
September 13, 2017, by the Commonwealth of Kentucky, through the
Kentucky Division for Air Quality (KDAQ) in support of the
Commonwealth's separate petition requesting that EPA remove the federal
reformulated gasoline (RFG) requirements for Boone, Campbell, and
Kenton counties in the Kentucky portion of the Cincinnati-Hamilton,
Ohio-Kentucky-Indiana 2008 8-hr ozone maintenance area (hereinafter
referred to as the ``Northern Kentucky Area'' or ``Area''). The SIP
revision revises the Commonwealth's maintenance plan emissions
inventory and associated motor vehicle emissions budgets (MVEBs) to
remove reliance on emissions reductions from the federal RFG program
requirements; a program that the Commonwealth voluntarily opted into in
1995. The SIP revision also includes a non-interference demonstration
evaluating whether removing reliance on the RFG requirements in the
Northern Kentucky Area would interfere with the requirements of the
Clean Air Act (CAA or Act). EPA is proposing to approve this SIP
revision and the corresponding non-interference demonstration because
EPA has preliminarily determined that the revision is consistent with
the applicable provisions of the CAA.
DATES: Comments must be received on or before March 7, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0389 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, 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. Ms. Myers can be reached via telephone at (404) 562-9207 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is being proposed?
This rulemaking proposes to approve Kentucky's September 13, 2017,
SIP revision in support of Kentucky's petition to opt-out of the
federal RFG requirements in Boone, Campbell, and Kenton Counties.\1\
Specifically, EPA is proposing to approve Kentucky's changes to the
maintenance plan mobile emissions inventory and the associated MVEBs
related to its redesignation request for the Kentucky portion of the
Cincinnati-Hamilton 2008 8-hour ozone maintenance area to reflect
removal of reliance on federal RFG requirements. As part of this
proposed approval, EPA is also proposing to find that the Commonwealth
has demonstrated that removing the federal RFG requirements in Boone,
Campbell, and Kenton Counties will not interfere with attainment or
maintenance of any national ambient air quality standards (NAAQS or
standard) or with any other applicable requirement of the CAA.
---------------------------------------------------------------------------
\1\ Pursuant to 40 CFR 80.72(b), the Governor must submit a
petition to the EPA Administrator requesting removal of any opt-in
areas from the federal RFG program. The petition must include
certain specified information and any additional information
requested by the Administrator. As fully described in section III
below, if RFG is relied upon as a control measure in any approved
SIP or plan revision, the federal RFG program opt-out regulations
require that a SIP revision must be submitted. Kentucky's
maintenance plan relied upon RFG; as a result, Kentucky submitted
this SIP revision. The decision on whether to grant the opt-out
petition pursuant to 40 CFR 80.72(b) is at the discretion of the
Administrator and will be made through a separate action.
---------------------------------------------------------------------------
On August 26, 2016, Kentucky submitted a 2008 8-hour ozone
redesignation request and maintenance plan for the Cincinnati-Hamilton
Area, which EPA approved on July 5, 2017 (82 FR 30976).\2\ With its
redesignation request, Kentucky included a maintenance demonstration
plan that estimates emissions through 2030 that modeled RFG because
Kentucky previously opted into the RFG program. However, through this
SIP revision, KDAQ is updating the mobile (on-road and non-road)
emissions inventory for that maintenance plan (including the MVEBs) to
reflect Kentucky's petition to opt-out of the RFG requirements for
Boone, Campbell, and Kenton counties in the Northern Kentucky Area. The
updates are summarized in Kentucky's submittal.
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\2\ 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. This action only pertains
to the Kentucky portion of the maintenance area.
---------------------------------------------------------------------------
In support of the September 13, 2017, SIP revision, Kentucky has
evaluated whether removing reliance on the federal RFG requirements
would interfere with air quality in the Area. To make this
demonstration of noninterference, Kentucky completed a technical
analysis, including modeling, to estimate the change in emissions that
would result from removing RFG from Boone, Campbell, and Kenton
Counties in the Northern Kentucky Area.
In the noninterference demonstration, Kentucky used EPA's Motor
Vehicle Emissions Simulator (MOVES) to develop its projected emissions
inventory according to EPA's guidance for on-road mobile sources using
[[Page 6497]]
MOVES version 2014a.\3\ Future-year on-road mobile source emissions
estimates for volatile organic compounds (VOC) and nitrogen oxides
(NOX) for years 2020 and 2030 were generated with MOVES2014a
without RFG. Emissions estimates were interpolated for the year 2025.
The noninterference demonstration showed compliance with and
maintenance of the 2008 8-hour ozone NAAQS by showing that current and
future emissions of NOX and VOC remain at or below the 2014
base year emissions inventory without the use of RFG. For more detailed
information on the current approved maintenance plan, see EPA's May 1,
2017 (82 FR 20297), proposed approval of Kentucky's maintenance plan
for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
\3\ Kentucky used the NONROAD 2008 model within MOVES2014a to
develop the non-road emissions inventory to reflect the emissions
changes from removing RFG from the Northern Kentucky Area. Table 1
reflects the emissions changes.
---------------------------------------------------------------------------
In this action, EPA is proposing to approve the revision to the
Commonwealth's maintenance plan emissions inventory and associated
MVEBs to remove reliance on emissions reductions from the federal RFG
program requirements, and to find that Kentucky's noninterference
demonstration supports the conclusion that removal of reliance on
federal RFG requirements in Boone, Campbell, and Kenton Counties in the
Northern Kentucky Area will not interfere with attainment or
maintenance of any NAAQS or with any other applicable requirement of
the CAA.
II. What is the background for the Northern Kentucky area?
Northern Kentucky was included in the Cincinnati-Hamilton Area
which was originally designated as a moderate nonattainment area for
the 1-hour ozone standard on November 6, 1991 (56 FR 56694). In 1995,
Kentucky voluntarily opted into the RFG program under Phase I of a two-
phase nationwide program to reduce the volatility of commercial
gasoline during the summer ozone season. Kentucky elected to stay in
the program under Phase II which was more stringent than Phase I.
On July 18, 1997, EPA promulgated a revised 8-hr ozone standard of
0.08 parts per million (ppm). This standard was more stringent than the
1-hour ozone standard. On June 19, 2000 (65 FR 37879), the Cincinnati-
Hamilton 1-hour nonattainment Area was redesignated as attainment for
the 1-hour ozone NAAQS, and was considered to be a maintenance area
subject to a CAA section 175A maintenance plan for the 1-hour ozone
NAAQS. On April 30, 2004, EPA designated the Cincinnati-Hamilton OH-KY-
IN Area under subpart 1 as a ``basic'' 1997 8-hour ozone NAAQS
nonattainment area (69 FR 23857).\4\ On August 5, 2010 (75 FR 47218),
the Kentucky portion of the Cincinnati-Hamilton 1997 8-hour ozone area
was redesignated to attainment. On March 12, 2008, EPA revised both the
primary and secondary NAAQS for ozone to a level of 0.075 ppm to
provide increased protection of public health and the environment. See
73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Under EPA's regulations at 40 CFR
part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.075
ppm. See 40 CFR 50.15.
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\4\ The 1997 8-hour ozone area included in its entirety Boone,
Campbell, and Kenton Counties in Kentucky and Butler, Clermont,
Clinton, Hamilton and Warren Counties in Ohio; and a portion of
Dearborn County in Indiana.
---------------------------------------------------------------------------
Effective July 20, 2012, EPA designated any area that was violating
the 2008 8-hour ozone NAAQS based on the three most recent years (2008-
2010) of air monitoring data as a nonattainment area. See 77 FR 30088
(May 21, 2012). The Cincinnati-Hamilton, OH-KY-IN Area was designated
as a marginal ozone nonattainment area.\5\ See 40 CFR 81.318. Areas
that were designated as marginal nonattainment areas were required to
attain the 2008 8-hour ozone NAAQS as expeditiously as possible but no
later than July 20, 2015, based on 2012-2014 monitoring data. On May 4,
2016 (81 FR 26697), EPA published its determination that the
Cincinnati-Hamilton, OH-KY-IN Area had attained the 2008 8-hour ozone
NAAQS by the attainment deadline.
---------------------------------------------------------------------------
\5\ The 2008 8-hr ozone area included portions of Boone,
Campbell, and Kenton Counties; Butler, Clermont, Clinton, Hamilton
and Warren Counties in its entirety in Ohio; and a portion of
Dearborn County in Indiana.
---------------------------------------------------------------------------
III. What is the history of the reformulated gasoline requirement?
The 1990 amendments to the CAA designed the RFG program to reduce
ozone levels in the largest metropolitan areas in the country with the
worst ground-level ozone or smog problems by reducing vehicle emissions
of compounds that form ozone, specifically VOC. The 1990 CAA
amendments, specifically section 211(k)(5), directed EPA to issue
regulations that specify how gasoline can be ``reformulated'' so as to
result in significant reductions in vehicle emissions of ozone-forming
and toxic air pollutants relative to the 1990 baseline fuel, and to
require the use of such reformulated gasoline in certain ``covered
areas.'' The Act defined certain nonattainment areas as ``covered
areas'' which are required to use RFG and provided other areas with an
ability to ``opt-in'' to the federal RFG program.\6\ Of relevance here
is CAA section 211(k)(6), which provides that upon application of the
Governor of a State, the Administrator shall apply the prohibition
contained in section 211(k)(5) for areas to ``opt-in'' to the federal
RFG program. In 1993,\7\ the Governor of the Commonwealth of Kentucky
petitioned the Administrator to ``opt-in'' to the RFG program for the
Northern Kentucky Area which consisted of Boone, Campbell, and Kenton
Counties.
---------------------------------------------------------------------------
\6\ CAA section 211(k)(5) prohibits the sale of conventional
gasoline (i.e., gasoline that the EPA has not certified as
reformulated) in certain ozone nonattainment areas beginning January
1, 1995. CAA section 211(k)(10)(D) defines the areas initially
covered by the federal RFG program as ozone nonattainment areas
having a 1980 population in excess of 250,000 and having the highest
ozone design values during the period 1987 through 1989. In
addition, under CAA section 211(k)(10)(D), any area reclassified as
a severe ozone nonattainment area under CAA section 181(b) is also
included in the federal RFG program.
\7\ A copy of Kentucky's letter is included in the docket.
---------------------------------------------------------------------------
EPA first published regulations for the federal RFG program on
February 16, 1994 (59 FR 7716). These regulations constituted Phase I
of a two-phase nationwide program. A current listing of the RFG
requirements for states can be found on EPA's website at: https://www.epa.gov/gasoline-standards. The federal RFG regulations also
contain provisions, at 40 CFR 80.72, establishing criteria and
procedures for opting out of the program for those states that had
previously voluntarily opted into the program (``opt-out provisions'').
For example, the opt-out provisions require that a governor, or his or
her authorized representative, submit an opt-out petition to the
Administrator of the Agency. The opt-out petition must include certain
information, including a description of how, if at all, reformulated
gasoline has been relied upon as a control measure in any state or
local implementation plan or in any proposed plan that is pending
before EPA. This would include, for example, attainment as well as
maintenance plans. The petition must also include an explanation of
whether the state is
[[Page 6498]]
intending to submit a revision to an approved or pending plan that does
not use RFG as a control measure, and a description of alternative air
quality measures, if any, that will replace the use of RFG; a
description of the current status of any proposed revision to an
approved or pending plan that uses RFG; and a projected schedule for
the plan revision submission. See 40 CFR 80.72(b)(3) and (b)(4).
On April 18, 2017, Kentucky submitted a petition to the EPA
Administrator requesting to opt-out of the federal RFG program in the
Northern Kentucky Area and as stated above, this SIP revision is
submitted in support of that petition (particularly the requirements of
40 CFR 80.72(b)(3) and (b)(4)).\8\ Kentucky's opt-out petition will be
acted on by the Administrator in a separate action, and if approved in
that separate action, will establish the effective date of the opt-out,
which cannot be less than 90 days from the effective date of the
approval of the SIP revision that is the subject of today's proposal.
EPA will also publish a notice in the Federal Register to notify the
public of the effective date of any opt-out approval.
---------------------------------------------------------------------------
\8\ A copy of the opt-out petition is included in the docket.
---------------------------------------------------------------------------
IV. What are the section 110(l) requirements?
The modeling associated with KDAQ's maintenance plan for the 2008
8-hour ozone NAAQS is premised upon the future-year emissions estimates
for 2017, 2020, and 2030, which are based on the RFG requirement. To
support Kentucky's requested SIP revision to remove the maintenance
plan's reliance on the federal RFG requirements in Boone, Campbell, and
Kenton Counties, the Commonwealth must demonstrate that the requested
change will satisfy section 110(l) of the CAA. Section 110(l) requires
that a revision to the SIP not interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171), or any other applicable requirement of the
Act. Kentucky submitted a non-interference demonstration with this SIP
revision and EPA is proposing to find that the analysis demonstrates
noninterference based on an evaluation of current air quality
monitoring data and the information provided in the noninterference
demonstration.
EPA evaluates each section 110(l) noninterference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets section 110(l) as applying to all NAAQS that
are in effect, including those that have been promulgated but for which
EPA has not yet made designations. The degree of analysis focused on
any particular NAAQS in a noninterference demonstration varies
depending on the nature of the emissions associated with the proposed
SIP revision. EPA's section 110(l) analysis of the noninterference
demonstration included as part of Kentucky's September 13, 2017, SIP
revision is provided below.
V. What is EPA's analysis of Kentucky's submittal?
a. Overall Preliminary Conclusions Regarding Kentucky's Noninterference
Analyses
The RFG program is designed to reduce ozone levels and air toxics
in areas that are required to or volunteered to adopt the program. RFG
gasoline reduces motor vehicle emissions of the ozone precursors,
NOX and VOC (mainly VOC), through fuel reformulation. On
September 13, 2017, KDAQ submitted a SIP revision along with a
corresponding noninterference demonstration to support Kentucky's
separate petition to opt-out of the RFG requirements for Boone,
Campbell, and Kenton Counties. This noninterference demonstration
includes an evaluation of the impact that removing RFG from these
counties would have on the Area's ability to attain or maintain the
2008 ozone NAAQS and any other NAAQS in the Kentucky Area.\9\
Kentucky's noninterference analysis also evaluated the impact of the
removal of RFG on the Area's ability to attain or maintain the ozone,
particulate matter (PM),\10\ nitrogen dioxide (NO2), sulfur
dioxide (SO2), and carbon monoxide (CO) NAAQS.
---------------------------------------------------------------------------
\9\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, lead, NO2, ozone, PM, and
SO2. RFG requirements do not have an impact on actual or
modeled lead emissions.
\10\ PM is composed of PM2.5 and PM10.
---------------------------------------------------------------------------
KDAQ's noninterference analysis utilized EPA's MOVES2014a emission
modeling system to estimate emissions for years 2017, 2020, and 2030
for on-road and non-road mobile sources. See Appendix E-1 and E-2 of
the September 13, 2017, submittal for detailed modeling protocol.\11\
The NONROAD2008 model within MOVES2014a was used to model the non-road
sources. These mobile source emissions are used as part of the
evaluation of the potential impacts to the NAAQS that might result
exclusively from removing the RFG requirements. NOX and VOC
emissions were calculated for a typical summer July day.
---------------------------------------------------------------------------
\11\ The modeling results and original emissions inventories for
the 2008 8-hr Redesignation Request and Maintenance Plan is included
in the docket.
---------------------------------------------------------------------------
As summarized in Tables 1 and 2, below, the MOVES model projects
small increases in on-road mobile source VOC and NOX
emissions in the Northern Kentucky portion of the Cincinnati-Hamilton
OH-IN-KY 2008 8-hour Ozone Area from removing the federal RFG
requirements. On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. Daily on-road mobile VOC
emissions are projected to increase by 0.25 ton in 2017 down to 0.05
ton in 2030 during the high ozone season.\12\ Daily on-road
NOX emissions are projected to increase by 0.29 ton in 2017
down to 0.06 ton in 2030. The modeling shows an overall downward trend
in on-road emissions from removing RFG from the area. Daily VOC
emissions decrease by 64.5 percent and daily NOX emissions
decrease by 74.6 percent.
---------------------------------------------------------------------------
\12\ High ozone season begins June 1st and ends September 15th
of each year.
Table 1--On-Road VOC Emissions RFG vs. Non-RFG Tons per Summer Day
[TSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2017 2020 2025 2030
Counties --------------------------------------------------------------------------------------------------
RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone................................................ 2.53 2.00 2.09 1.53 1.58 1.19 1.23 0.86 0.87
Campbell............................................. 1.58 1.18 1.23 0.90 0.93 0.70 0.73 0.51 0.52
Kenton............................................... 2.39 2.10 2.21 1.61 1.66 1.25 1.29 0.90 0.92
--------------------------------------------------------------------------------------------------
[[Page 6499]]
NKY Totals \13\.................................. 6.50 5.28 5.53 4.03 4.18 3.14 3.25 2.26 2.31
--------------------------------------------------------------------------------------------------
Emissions Increase........................... ......... 0.25
0.15
0.11
0.05
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--On-Road NOX Emissions RFG vs. Non-RFG Tons per Summer Day
[TSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2017 2020 2025 2030
Counties --------------------------------------------------------------------------------------------------
RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone................................................ 5.46 4.49 4.58 3.20 3.26 2.28 2.32 1.36 1.38
Campbell............................................. 3.41 2.55 2.60 1.82 1.86 1.30 1.32 0.77 0.78
Kenton............................................... 5.17 4.54 4.69 3.24 3.30 2.30 2.35 1.37 1.40
--------------------------------------------------------------------------------------------------
NKY Totals....................................... 14.04 11.58 11.87 8.26 8.42 5.88 5.99 3.50 3.56
--------------------------------------------------------------------------------------------------
Emissions Increase........................... ......... 0.29
0.16
0.11
0.06
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tables 3 and 4, below, show the total projected emissions of VOC
and NOX from all sectors in the Northern Kentucky portion of
the Cincinnati-Hamilton OH-KY-IN 2008 8-hour Ozone Area. Kentucky's
emissions inventory for its portion of the Area provides 2011
anthropogenic emissions data for NOX and VOC for the
following general source categories: Point (Electric Generating Units
and Non-Electric Generating Units and aircraft emissions),\14\ area,
non-road mobile, and on-road mobile. All emissions information provided
is based on the partial county boundaries, through the applicable
census tracts, that comprise the Kentucky portion of the Area. Tables 3
and 4, below, provides a summary of the emissions inventory.
---------------------------------------------------------------------------
\13\ The totals in the column may differ slightly from the
submittal due to how the decimal places were truncated.
\14\ The emissions inventories in Kentucky's submission identify
aircraft emissions as a standalone category and refer to these
emissions as ``air emissions'' for consistency with the inventories
provided by Indiana and Ohio for their respective portions of the
Area. Indiana Department of Environmental Management (IDEM) provided
aircraft emissions data for Kentucky, and Kentucky included these
emissions in Boone County where the Cincinnati/Northern Kentucky
International Airport is located. EPA has included these emissions
within the point source category per the AERR.
---------------------------------------------------------------------------
Emissions reported for 2014 assume the use of RFG for Boone,
Campbell, and Kenton Counties whereas emissions from 2017 through 2030
assume no RFG.
Table 3--Total VOC Emissions Projections All Sectors Northern Kentucky Area
[TSD]
----------------------------------------------------------------------------------------------------------------
VOC 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
BOONE:
EGU.................................................. 0.16 0.16 0.16 0.16 0.16
Non-EGU.............................................. 1.57 1.57 1.57 1.57 1.57
Air.................................................. 0.42 0.44 0.45 0.26 0.06
Non-road............................................. * 1.30 ** 2.25 ** 2.06 ** 2.04 ** 2.01
Area................................................. 2.56 2.46 2.41 2.38 2.36
On-road.............................................. * 2.53 ** 2.09 ** 1.58 ** 1.23 ** 0.87
------------------------------------------------------
Total............................................ 8.54 8.97 8.23 7.63 7.03
CAMPBELL:
EGU.................................................. 0.00 0.00 0.00 0.00 0.00
Non-EGU.............................................. 0.22 0.22 0.22 0.22 0.21
Air.................................................. 0.00 0.00 0.00 0.00 0.00
Non-road............................................. * 0.34 ** 0.55 ** 0.50 ** 0.49 ** 0.48
Area................................................. 1.26 1.23 1.22 1.21 1.19
On-road.............................................. * 1.58 ** 1.23 ** .93 ** 0.73 ** 0.52
------------------------------------------------------
Total............................................ 3.4 3.23 2.87 2.65 2.40
KENTON:
EGU.................................................. 0.00 0.00 0.00 0.00 0.00
Non-EGU.............................................. 0.51 0.50 0.49 0.48 0.47
Air.................................................. 0.00 0.00 0.00 0.00 0.00
Non-road............................................. * 0.55 ** 1.01 ** 1.00 ** 1.05 ** 1.09
Area................................................. 2.43 2.35 2.31 2.28 2.25
[[Page 6500]]
On-road.............................................. * 2.39 ** 2.21 ** 1.66 ** 1.29 ** 0.92
------------------------------------------------------
Total............................................ 5.88 6.07 5.46 5.10 4.73
------------------------------------------------------
NKY Total.................................... 17.82 18.27 16.56 15.38 14.16
----------------------------------------------------------------------------------------------------------------
* With RFG.
** Without RFG.
Table 4--Total NOX Emissions Projections All Sectors Northern Kentucky Area
[TSD]
----------------------------------------------------------------------------------------------------------------
NOX 2014 2017 2020 2025 2030
----------------------------------------------------------------------------------------------------------------
BOONE:
EGU.................................................. 7.23 7.46 7.71 7.96 8.33
Non-EGU.............................................. 0.14 0.15 0.15 0.18 0.18
Air.................................................. 2.07 2.18 2.29 1.29 0.29
Non-road............................................. * 0.88 ** 1.60 ** 1.33 ** 1.17 ** 1.00
Area................................................. 0.43 0.43 0.43 0.44 0.44
On-road.............................................. * 5.46 ** 4.58 ** 3.26 ** 2.32 ** 1.38
------------------------------------------------------
Total............................................ 16.21 16.40 15.17 13.35 11.62
CAMPBELL:
EGU.................................................. 0.00 0.00 0.00 0.00 0.00
Non-EGU.............................................. 0.17 0.17 0.17 0.17 0.17
Air.................................................. 0.00 0.00 0.00 0.00 0.00
Non-road............................................. * 0.32 ** 0.53 ** 0.45 ** 0.40 ** 0.35
Area................................................. 0.49 0.49 0.49 0.49 0.49
On-road.............................................. * 3.41 ** 2.60 ** 1.86 ** 1.32 ** 0.78
------------------------------------------------------
Total............................................ 4.39 3.79 2.97 2.38 1.79
KENTON:
EGU.................................................. 0.00 0.00 0.00 0.00 0.00
Non-EGU.............................................. 0.01 0.01 0.01 0.01 0.01
Air.................................................. 0.00 0.00 0.00 0.00 0.00
Non-road............................................. * 0.64 ** 1.12 ** 0.93 ** 0.83 ** 0.73
Area................................................. 1.02 1.02 1.02 1.02 1.02
On-road.............................................. * 5.17 ** 4.69 ** 3.30 ** 2.35 ** 1.40
------------------------------------------------------
Total............................................ 6.84 6.84 5.26 4.20 3.15
------------------------------------------------------
NKY Total........................................ 27.44 27.03 23.40 19.93 16.56
----------------------------------------------------------------------------------------------------------------
* With RFG.
** Without RFG.
There were little to no changes in NOX and VOC emissions
from the point source categories that would impact the RFG removal in
the Northern Kentucky Area. The original point source categories
inventory contains actual point source emissions data for facilities
located within the nonattainment boundary for the Kentucky portion of
the Area based on the Kentucky Emissions Inventory database.\15\
---------------------------------------------------------------------------
\15\ As discussed above, EPA has included aircraft emissions
within the point source category per the AERR.
---------------------------------------------------------------------------
Area sources are small emission stationary sources which, due to
their large number, collectively have significant emissions (e.g., dry
cleaners, service stations). The modeling results show a reduction in
VOC emissions and little to no change in NOX emissions by
removing RFG from these sources
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers, construction equipment, and
railroad locomotives). Modeling results indicate there are slight VOC
emissions increases from removing RFG. From 2017 to 2030, the VOC
emissions increases fall within a range of 0.22 tsd to 0.24 tsd in the
Northern Kentucky Area. The NOX emissions remain the same
from 2017 to 2030 when RFG is removed. See Appendix E-2 of the
submittal.\16\
---------------------------------------------------------------------------
\16\ Appendix E-2 of the September 13, 2017 submittal details
the increases in non-road emissions with and without RFG.
---------------------------------------------------------------------------
Overall, the modeling shows VOC emissions decrease from the 2014
attainment year to the 2030 ``out year'' by 3.66 tsd which is a 20.5
percent reduction. NOX emissions also decrease from the 2014
attainment year to the 2030 ``out year'' by 10.88 tsd which is a 39.7
percent NOX reduction without RFG in the Northern Kentucky
portion of the Cincinnati-Hamilton OH-KY-IN Area 2008 8-hour Ozone
Area.
b. Noninterference Analysis for the Ozone NAAQS
As a previous 1-hour ozone nonattainment area, Kentucky opted
Boone, Campbell, and Kenton Counties into the federal RFG requirements
for high ozone season gasoline to help bring the area into attainment
for the 1-hour ozone NAAQS. This control measure
[[Page 6501]]
continues to apply in the Northern Kentucky Area because the
Commonwealth did not, until now, petition for the removal of the
federal RFG requirements. The RFG program has contributed toward
lowering VOC and NOX emissions in the Northern Kentucky
Area. Implementation of federal control measures such as Tier 3 Motor
Vehicle Emissions and Fuel Standards,\17\ Heavy-Duty Engine and Vehicle
Standards and Highway Diesel Fuel Sulfur Control Requirements,\18\
Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and
Heavy-Duty Engines and Vehicles-Phase 2,\19\ and Model Year 2017 and
Later Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average
Fuel Economy Standards,\20\ along with fleet turnover, further reduced
NOX and VOC emissions in the area. As a result, the Northern
Kentucky Area was redesignated to attainment for the 1-hour ozone
NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS.
The Northern Kentucky Area is continuing to meet the 1-hour ozone NAAQS
and the 1997 8-hour ozone NAAQS, even though these NAAQS have been
revoked,\21\ as well as the 2008 8-hour ozone NAAQS, based on recent
air quality monitoring data.\22\ The 2008 ozone NAAQS is met when the
annual fourth-highest daily maximum 8-hour average concentration,
averaged over 3 years is 0.075 ppm or less. The 2015 ozone NAAQS, as
published in a final rule on October 26, 2015 (80 FR 65292), is met
when the annual fourth-highest daily maximum 8-hour average
concentration, averaged over 3 years is 0.070 ppm or less. The trend in
monitoring levels for ozone for the Northern Kentucky portion of the
Cincinnati-Hamilton OH-KY-IN Area is shown in Table 5, with the current
monitoring levels for the Boone and Kenton County monitors for the
period of 2014-2016 being 0.062 ppm and 0.070 ppm, respectively.
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\17\ 79 FR 23414.
\18\ 66 FR 5002.
\19\ 81 FR 73478.
\20\ 77 FR 62624.
\21\ 70 FR 44470 and 80 FR 12264, respectively.
\22\ On May 4, 2016 (81 FR 26697), EPA determined the
Cincinnati-Hamilton, OH-KY-IN Area attained the 2008 8-hr ozone
NAAQS by the attainment date.
Table 5--Monitoring Level Concentrations for the Northern Kentucky Area
[ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value (ppm) 3-Year 3-Year
---------------------------------------------------- design design
values values
Location Site ID (ppm) (ppm)
2013 2014 2015 2016 -------------------------
2013-2015 2014-2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone, KY................................................. 21-015-0003 0.059 0.062 0.063 0.061 0.061 0.062
Campbell, KY.............................................. 21-037-3002 0.072 0.071 0.071 0.068 0.071 0.070
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA also evaluated the potential increase in the VOC and
NOX precursor emissions and whether it is reasonable to
conclude that the requested removal of the RFG requirements in Northern
Kentucky during the high ozone season would cause the Area to violate
any ozone NAAQS. Table 5 shows that there is an overall downward trend
in ozone concentrations in the Northern Kentucky Area. This decline can
be attributed to federal and state programs in addition to those
mentioned above that have led to significant emissions reductions in
ozone precursors, such as the federal interstate transport rule known
as the Cross State Air Pollution Rule (CSAPR), federal standards in on-
road and non-road mobile source sectors such as the Corporate Average
Fuel Economy (CAF[Eacute]) standards (See 75 FR 25324), and Tier Motor
Vehicle Emissions and Fuel Standards (79 FR 23414). Given the results
of Kentucky's emissions analysis, the downward trend in precursor
emissions, and the current ozone concentrations in the Northern
Kentucky Area, EPA is proposing to find that removing reliance on RFG
requirements in Boone, Campbell, and Kenton Counties will not interfere
with Kentucky's ability to maintain the 2008 8-hour ozone NAAQS.
c. Noninterference Analysis for the Carbon Monoxide NAAQS
EPA initially established NAAQS for CO on April 30, 1971 (36 FR
8186). The standards were set at 9 ppm as an 8-hour average and 35 ppm
as a 1-hour average, neither to be exceeded more than once per year. On
November 6, 1971 (56 FR 56694), EPA designated areas for the 8-hour CO
NAAQS. The Northern Kentucky counties of Boone, Campbell, and Kenton
have never been designated nonattainment for any CO NAAQS. EPA retained
the 1-hour and 8-hour CO NAAQS on August 31, 2011, and Kentucky has
continued to maintain compliance with the NAAQS due to non-RFG federal
control measures put in place. RFG requirements will have little to no
impacts on CO emissions because, as mentioned earlier, the RFG program
was developed to address emissions of the ozone precursors,
NOX and VOC. As a result, EPA is proposing to find that
removing reliance on RFG requirements in Boone, Campbell, and Kenton
Counties will not interfere with Kentucky's ability to continue
attaining the CO NAAQS.
d. Noninterference Analysis for the Particulate Matter NAAQS
The main precursor pollutants for PM2.5 are
NOX, SO2, VOC, and ammonia. As mentioned above,
the federal RFG requirements result in emissions benefits for VOC,
NOX and air toxics. Over the course of several years, EPA
has reviewed and revised the PM2.5 NAAQS a number of times.
On July 16, 1997, EPA established an annual PM2.5 NAAQS of
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average
of annual mean PM2.5 concentrations, and a 24-hour
PM2.5 NAAQS of 65 [mu]g/m\3\, based on a 3-year average of
the 98th percentile of 24-hour concentrations. See 62 FR 36852 (July
18, 1997). On September 21, 2006, EPA retained the 1997 Annual
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour
PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year
average of the 98th percentile of 24-hour concentrations. See 71 FR
61144 (October 17, 2006). The 1997 Annual PM2.5 NAAQS has
been revoked for all purposes effective October 24, 2016 (81 FR 58010).
On December 14, 2012, EPA retained the 2006 24-hour PM2.5
NAAQS of 35 [mu]g/m\3\ but revised the annual primary PM2.5
NAAQS to 12.0 [mu]g/m\3\, based again on a 3-year average of annual
mean PM2.5
[[Page 6502]]
concentrations. See 78 FR 3086 (January 15, 2013). The Northern
Kentucky area was designated as unclassifiable/attainment on April 15,
2015 (80 FR 18535).
PM2.5 levels across Kentucky declined from 1999 to 2016.
In 2016, there were 19 PM2.5 monitors in Kentucky including
one in Campbell County. The Campbell County PM2.5 monitor
calculated a 3-weighted average design value of 8.9 [mu]g/m\3\. The
largest sources of PM2.5 in Kentucky are from fires,
agriculture, dust, fuel combustion, and industrial processes.\23\
Moreover, there have been a number of studies which have indicated that
SO2 is the primary driver of PM2.5 formation in
the Southeast.\24\ Opting out of the RFG requirements in the Area will
have little to no impact on the precursor emissions as indicated by the
decline in VOC and NOX emissions in Tables 3 and 4 above.
---------------------------------------------------------------------------
\23\ https://www.epa.gov/air-emissions-inventories/air-emissions-sources.
\24\ See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the Southeastern United
States, Journal of Environmental Engineering (June 24, 2009),
available at: https://www.sciencedirect.com/science/article/pii/S0301479709001893?via%3Dihub.
---------------------------------------------------------------------------
Based on this information and the current attainment status of the
Cincinnati-Hamilton OH-KY-IN 2012 p.m.2.5 Area, EPA is
proposing to find that removing reliance on RFG requirements in Boone,
Campbell, and Kenton Counties will not interfere with Northern
Kentucky's ability to maintain the 2012 PM2.5 NAAQS.
e. Noninterference Analysis for the 2010 NO2 NAAQS
On February 9, 2010 (75 FR 6474), EPA strengthen the NO2
standards. All of the counties in Kentucky were designated
unclassifiable/attainment for the 2010 NO2 NAAQS on February
17, 2012 (77 FR 9532). There are both primary and secondary standards
for NO2. The primary NAAQS is an annual arithmetic mean that
must not exceed 53 parts per billion (ppb). A 3-year average of the
98th percentile of daily maximum 1-hr averages must not exceed 100 ppb.
The secondary standard is an annual arithmetic mean that must not
exceed 53 ppb. In 2016, Kentucky operated seven NO2
monitors, including one in Campbell County. The 2014-2016 1-hr average
design value for the Campbell County NO2 monitor is 30 ppb,
with an annual mean of 2.31 ppb. Both of these values are significantly
below the respective standards of 100 ppb and 53 ppb. Based on the
technical analysis in Kentucky's September 13, 2017, noninterference
demonstration, as shown in Table 4, there is a reduction in
NOX emissions from the 2014 attainment year to the 2030
``out year'' from 27.44 tsd to 16.56 tsd which is a 39.7 percent
reduction overall.
Based on the amount of NOX reductions, the use of
pollution control devices on power plants, industrial boilers, fleet
turnover, and other federal control measures for motor vehicles, EPA is
proposing to find that removing reliance on RFG requirements in Boone,
Campbell and Kenton Counties will not interfere with Kentucky's ability
to continue attaining the 2010 NO2 NAAQS in the Northern
Kentucky Area.
f. Noninterference Analysis for the SO2 NAAQS
On June 22, 2010 (75 FR 35520), EPA revised the SO2
standard. There are both primary and secondary standards for
SO2. The primary SO2 NAAQS is a 3-year average of
the 99th percentile of the daily maximum 1-hour concentration not to
exceed 75 ppb. The secondary standard is a 3-hour concentration not to
exceed 0.5 ppm more than once per year. In 2016, Kentucky operated 12
SO2 monitors, including one in Campbell County. The Campbell
County SO2 monitor has a 2014-2016 design value of 30 ppb
for the 1-hour SO2 NAAQS.
Based on the monitoring/modeling data, EPA is proposing to find
that removing reliance on RFG requirements in Boone, Campbell, and
Kenton Counties will not interfere with Kentucky's ability to maintain
the SO2 NAAQS.
VI. Proposed Action
EPA is proposing to approve Kentucky's revision to its maintenance
plan and corresponding noninterference demonstration, submitted on
September 13, 2017, in support of Kentucky's separate petition to opt-
out of the federal RFG requirements for Boone, Campbell, and Kenton
Counties. Specifically, EPA is proposing to find that this change in
removing reliance on the federal RFG requirements for Boone, Campbell,
and Kenton Counties will not interfere with attainment or maintenance
of the NAAQS or with any other applicable requirement of the CAA.
Kentucky's September 13, 2017, SIP revision updates its maintenance
plan and the associated MVEBs related to Kentucky's redesignation
request for the Kentucky portion of the 2008 Cincinnati-Hamilton OH-IN-
KY 8-hour Ozone Area to reflect emissions changes for opting out of the
federal RFG requirements. EPA is proposing to approve the changes to
update the 2008 maintenance plan and associated 2020 and 2030 MVEBs.
The same criteria used to develop the MVEBs in the original SIP are
used for this SIP revision. See Table 6 below.
Table 6--Updated MVEBs for the Kentucky Portion of Cincinnati-Hamilton, OH-KY-IN Area
[TSD]
----------------------------------------------------------------------------------------------------------------
2020 2030
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions............................... 8.42 4.17 3.56 2.31
Safety Margin................................... .61 .19 1.63 .55
MVEBs with Safety Margin........................ 9.03 4.36 5.19 2.86
----------------------------------------------------------------------------------------------------------------
EPA has preliminarily determined that Kentucky's September 13,
2017, SIP revision is consistent with the applicable provisions of the
CAA, including section 110(l). In this action, EPA is not proposing to
act on the Commonwealth's opt-out petition to the EPA Administrator to
remove the federal RFG requirement for Boone, Campbell, and Kenton
Counties. Any decision by the Administrator on the opt-out petition
would occur in a separate action.
VII. 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions,
[[Page 6503]]
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. This action merely proposes to approve changes to
the Commonwealth's maintenance plan emissions inventory and associated
MVEBs to remove reliance on emissions reductions from the federal RFG
program requirements. For that reason, this proposed action:
Is not a significant regulatory action 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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).
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
rulemaking 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 6, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-03078 Filed 2-13-18; 8:45 am]
BILLING CODE 6560-50-P
