Air Plan Approval; KY: Removal of Reliance on Reformulated Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area, 13872-13875 [2018-06557]
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13872
Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
• 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 Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 1, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
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requirements, Volatile organic
compounds.
Dated: March 9, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(500) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(500) The following plan was
submitted on February 28, 2017 by the
Governor’s designee.
(i) Incorporation by reference. (A)
Northern Sierra Air Quality
Management District.
(1) Northern Sierra Air Quality
Management District Resolution #2017–
01, adopted January 23, 2017.
[FR Doc. 2018–06538 Filed 3–30–18; 8:45 am]
BILLING CODE 6560–50–P
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), for years 2020 and 2030, 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 approving this SIP
revision and the corresponding noninterference demonstration because EPA
determined that the revision is
consistent with the applicable
provisions of the CAA. Please note that
this final rule does not remove the
federal RFG requirement. On April 18,
2017, Kentucky’s Energy and
Environment Cabinet submitted a
separate petition to the EPA
Administrator requesting to opt-out of
the federal RFG program in the Northern
Kentucky Area, and the Administrator
will act on that petition in the near
future.
This rule will be effective April
2, 2018.
DATES:
EPA has established a
docket for this action under Docket
Identification No. No. EPA–R04–OAR–
2017–0389 at https://
www.regulations.gov. All documents in
the docket are listed on the
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0389; FRL–9976–
20—Region 4]
Air Plan Approval; KY: Removal of
Reliance on Reformulated Gasoline in
the Kentucky Portion of the CincinnatiHamilton Area
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving 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
SUMMARY:
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Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Dianna Myers, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 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 is the Background for this final
action?
The Northern Kentucky Area 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 twophase 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-hour 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
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).1 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.
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. 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.
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
estimated emissions through 2030 that
modeled RFG because Kentucky
previously opted into the RFG program.
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In a September 13, 2017, SIP revision
submittal, KDAQ updated the mobile
(on-road and non-road) emissions
inventory for the August 26, 2016,
maintenance plan (including the
MVEBs) to reflect Kentucky’s petition
(see below) to opt-out of the RFG
requirements for Boone, Campbell, and
Kenton counties in the Northern
Kentucky Area. The updates were
summarized in KDAQ’s submittal. On
April 18, 2017, Kentucky’s Energy and
Environment Cabinet 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, the September 13,
2017, SIP revision was submitted in
support of that petition (particularly the
requirements of 40 CFR 80.72(b)(3) and
(4)). 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. EPA’s RFG
regulations require that the opt-out
cannot become effective less than 90
days from the effective date of this final
action. EPA will also publish a notice in
the Federal Register to notify the public
of the approval and effective date of the
opt-out (See 40 CFR 80.72(c)(7) and (d).)
In a notice of proposed rulemaking
(NPRM) published on February 14, 2018
(83 FR 6496), EPA proposed to approve
the September 13, 2017, SIP revision.
The Agency did not receive any adverse
comments on the NPRM.
II. Revised MVEBs
EPA is approving the changes in the
September 13, 2017, SIP revision which
includes updating the 2008
maintenance plan 2020 and 2030
MVEBs. The same criteria used to
develop the MVEBs in the August 26,
2016, maintenance SIP are used for this
SIP revision. The revised MVEBs for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) are outlined
in Table 1below.
TABLE 1—MVEBS FOR THE KENTUCKY PORTION OF CINCINNATI-HAMILTON, OH-KY-IN AREA
[Tons per summer day]
2020
NOX
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On-Road Emissions .........................................................................................
Safety Margin 3 .................................................................................................
1 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.
2 The Cincinnati-Hamilton, OH-KY-IN Area is
composed of portions of Boone, Campbell, and
Kenton Counties in Kentucky; Butler, Clermont,
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VOC
8.42
0.61
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.
3 The safety margin is the difference between the
attainment level of emissions (from all sources) and
the projected level of emissions (from all sources)
in the maintenance plan. KDAQ chose to allocate
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2030
NOX
4.17
0.19
VOC
3.56
1.63
2.31
.55
a total of 2.24 tpd to the available NOX safety
margin and a total 0.74 tons per day of the available
VOC safety margin. The transportation conformity
rule provides for establishing safety margins for use
in transportation conformity determinations. (See
40 CFR 93.124(a).)
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Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
TABLE 1—MVEBS FOR THE KENTUCKY PORTION OF CINCINNATI-HAMILTON, OH-KY-IN AREA—Continued
[Tons per summer day]
2020
VOC
NOX
MVEBs with Safety Margin ..............................................................................
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III. Final Action
EPA is approving Kentucky’s
September 13, 2017, SIP revision
seeking to revise the maintenance plan
emissions inventory and associated
MVEBs for years 2020 and 2030 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 CAA. Within 24
months from this final rule, the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e)(3). For analysis years 2020
through 2029, the new 2020 MVEBs will
be used, and for analysis years 2030 and
beyond, the new 2030 MVEBs will be
used.
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
this action to become effective
immediately upon publication. This is
because a delayed effective date is
unnecessary because this action
approves a SIP revision and
noninterference demonstration that
serves as the basis of a subsequent
action to relieve the Area from certain
CAA requirements that would otherwise
apply to it. The immediate effective date
for this action is authorized under both
5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule grants or
recognizes an exemption or relieves a
restriction, and section 553(d)(3), which
allows an effective date less than 30
days after publication as otherwise
provided by the agency for good cause
found and published with the rule. The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
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9.03
Rather, this rule will serve as a basis for
a subsequent action to relieve the Area
from certain CAA requirements. For
these reasons, EPA finds good cause
under 5 U.S.C. 553(d)(3) for this action
to become effective on the date of
publication of this action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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);
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2030
NOX
4.36
VOC
5.19
2.86
• 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 rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 1, 2018. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
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13875
Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations
Dated: March 21, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
enforce its requirements. See section
307(b)(2).
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.
Subpart S—Kentucky
2. Section 52.920(e) is amended by
adding an entry for ‘‘Removal of
Reliance on Reformulated Gasoline in
the Kentucky portion of the CincinnatiHamilton, OH–KY–IN Area’’ at the end
of the table to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
§ 52.920
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
Removal of Reliance on ReBoone, Campbell and Kenton
formulated Gasoline in the
Counties (Kentucky portion
Kentucky portion of the Cinof the Cincinnati-Hamilton
cinnati-Hamilton, OH–KY–IN
Area).
Area.
[FR Doc. 2018–06557 Filed 3–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0500; FRL–9976–
17—Region 4]
Air Plan Approval; Florida; Stationary
Sources Emissions Monitoring
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a portion of a State
Implementation Plan (SIP) revision
submitted by the State of Florida,
through the Florida Department of
Environmental Protection (FDEP) on
February 1, 2017, for the purpose of
revising Florida’s requirements and
procedures for emissions monitoring at
stationary sources. Specifically,
Florida’s February 1, 2017, SIP
submittal includes amendments to three
Florida Administrative Code (F.A.C.)
rule sections, as well as the removal of
one F.A.C. rule section from the Florida
SIP, in order to eliminate redundant
language and make updates to the
requirements for emissions monitoring
at stationary sources. Additionally, this
action includes a correction to remove
an additional F.A.C. rule that was
previously approved by EPA for
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SUMMARY:
VerDate Sep<11>2014
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State
submittal date/
effective date
*
09/13/17
EPA approval date
*
4/2/2018 [Insert citation of
publication].
removal from the SIP but was never
removed. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective May 2,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0500. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
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Explanations
*
*
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8966. Mr. Febres can also be
reached via electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What actions is EPA taking today?
On February 1, 2017, FDEP submitted
to EPA for approval a SIP revision for
the purpose of updating Florida’s
requirements and procedures for
emissions monitoring at stationary
sources. Florida’s February 1, 2017, SIP
revision includes amendments to three
F.A.C. rule sections and the removal of
one F.A.C. rule section from the Florida
SIP. Specifically, these changes to
Florida’s rules include the amendments
of Rule 62–297.310, F.A.C.—‘‘General
Emissions Test Requirement;’’ Rule 62–
297.440, F.A.C.—‘‘Supplementary Test
Procedures;’’ and Rule 62–297.450,
F.A.C.—‘‘EPA VOC Capture Efficiency
Test Procedures.’’ In addition, Florida’s
February 1, 2017, SIP submittal includes
the removal of one of Florida’s rule
sections from the SIP. Specifically,
Florida requested to remove Rule 62–
297.401, F.A.C.—‘‘Compliance Test
Methods’’ from the State’s
implementation plan because it has
been repealed at the state level, and,
according to the submittal, the section is
unnecessary, obsolete or duplicative of
other F.A.C. Rules.
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]]>Agencies
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13872-13875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06557]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0389; FRL-9976-20--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.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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), for years 2020 and 2030, 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 approving this SIP revision and the
corresponding non-interference demonstration because EPA determined
that the revision is consistent with the applicable provisions of the
CAA. Please note that this final rule does not remove the federal RFG
requirement. On April 18, 2017, Kentucky's Energy and Environment
Cabinet submitted a separate petition to the EPA Administrator
requesting to opt-out of the federal RFG program in the Northern
Kentucky Area, and the Administrator will act on that petition in the
near future.
DATES: This rule will be effective April 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. No. EPA-R04-OAR-2017-0389 at https://www.regulations.gov. All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday
[[Page 13873]]
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 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 is the Background for this final action?
The Northern Kentucky Area 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-hour 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).\1\ On August 5, 2010 (75 FR
47218), the Kentucky portion of the Cincinnati-Hamilton 1997 8-hour
ozone area was redesignated to attainment.
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
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 Cincinnati-Hamilton, OH-KY-IN Area was designated
as a marginal ozone nonattainment area. 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.
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 estimated emissions through 2030 that modeled RFG because
Kentucky previously opted into the RFG program.
---------------------------------------------------------------------------
\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 a September 13, 2017, SIP revision submittal, KDAQ updated the
mobile (on-road and non-road) emissions inventory for the August 26,
2016, maintenance plan (including the MVEBs) to reflect Kentucky's
petition (see below) to opt-out of the RFG requirements for Boone,
Campbell, and Kenton counties in the Northern Kentucky Area. The
updates were summarized in KDAQ's submittal. On April 18, 2017,
Kentucky's Energy and Environment Cabinet 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, the September 13,
2017, SIP revision was submitted in support of that petition
(particularly the requirements of 40 CFR 80.72(b)(3) and (4)).
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. EPA's RFG regulations
require that the opt-out cannot become effective less than 90 days from
the effective date of this final action. EPA will also publish a notice
in the Federal Register to notify the public of the approval and
effective date of the opt-out (See 40 CFR 80.72(c)(7) and (d).)
In a notice of proposed rulemaking (NPRM) published on February 14,
2018 (83 FR 6496), EPA proposed to approve the September 13, 2017, SIP
revision. The Agency did not receive any adverse comments on the NPRM.
II. Revised MVEBs
EPA is approving the changes in the September 13, 2017, SIP
revision which includes updating the 2008 maintenance plan 2020 and
2030 MVEBs. The same criteria used to develop the MVEBs in the August
26, 2016, maintenance SIP are used for this SIP revision. The revised
MVEBs for nitrogen oxides (NOX) and volatile organic
compounds (VOC) are outlined in Table 1 below.
---------------------------------------------------------------------------
\3\ The safety margin is the difference between the attainment
level of emissions (from all sources) and the projected level of
emissions (from all sources) in the maintenance plan. KDAQ chose to
allocate a total of 2.24 tpd to the available NOX safety
margin and a total 0.74 tons per day of the available VOC safety
margin. The transportation conformity rule provides for establishing
safety margins for use in transportation conformity determinations.
(See 40 CFR 93.124(a).)
Table 1--MVEBs for the Kentucky Portion of Cincinnati-Hamilton, OH-KY-IN Area
[Tons per summer day]
----------------------------------------------------------------------------------------------------------------
2020 2030
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions............................... 8.42 4.17 3.56 2.31
Safety Margin \3\............................... 0.61 0.19 1.63 .55
[[Page 13874]]
MVEBs with Safety Margin........................ 9.03 4.36 5.19 2.86
----------------------------------------------------------------------------------------------------------------
III. Final Action
EPA is approving Kentucky's September 13, 2017, SIP revision
seeking to revise the maintenance plan emissions inventory and
associated MVEBs for years 2020 and 2030 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 CAA. Within
24 months from this final rule, the transportation partners will need
to demonstrate conformity to the new NOX and VOC MVEBs
pursuant to 40 CFR 93.104(e)(3). For analysis years 2020 through 2029,
the new 2020 MVEBs will be used, and for analysis years 2030 and
beyond, the new 2030 MVEBs will be used.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary because this
action approves a SIP revision and noninterference demonstration that
serves as the basis of a subsequent action to relieve the Area from
certain CAA requirements that would otherwise apply to it. The
immediate effective date for this action is authorized under both 5
U.S.C. 553(d)(1), which provides that rulemaking actions may become
effective less than 30 days after publication if the rule grants or
recognizes an exemption or relieves a restriction, and section
553(d)(3), which allows an effective date less than 30 days after
publication as otherwise provided by the agency for good cause found
and published with the rule. The purpose of the 30-day waiting period
prescribed in section 553(d) is to give affected parties a reasonable
time to adjust their behavior and prepare before the final rule takes
effect. This rule however, does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. Rather, this rule will serve as a basis
for a subsequent action to relieve the Area from certain CAA
requirements. For these reasons, EPA finds good cause under 5 U.S.C.
553(d)(3) for this action to become effective on the date of
publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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 rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
[[Page 13875]]
enforce its requirements. See section 307(b)(2).
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: March 21, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart S--Kentucky
0
2. Section 52.920(e) is amended by adding an entry for ``Removal of
Reliance on Reformulated Gasoline in the Kentucky portion of the
Cincinnati-Hamilton, OH-KY-IN Area'' at the end of the table to read as
follows:
Sec. 52.920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kentucky Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Removal of Reliance on Boone, Campbell and 09/13/17 4/2/2018 [Insert
Reformulated Gasoline in the Kenton Counties citation of
Kentucky portion of the (Kentucky portion publication].
Cincinnati-Hamilton, OH-KY-IN of the Cincinnati-
Area. Hamilton Area).
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[FR Doc. 2018-06557 Filed 3-30-18; 8:45 am]
BILLING CODE 6560-50-P
