83 FR 13872 - Air Plan Approval; KY: Removal of Reliance on Reformulated Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 63 (April 2, 2018)
Federal Register Volume 83, Issue 63 (April 2, 2018)
| Page Range | 13872-13875 | |
| FR Document | 2018-06557 |
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)] [Rules and Regulations] [Pages 13872-13875] From the Federal Register Online [www.thefederalregister.org] [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 http://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). ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-06557 Filed 3-30-18; 8:45 am] BILLING CODE 6560-50-P
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• Is not subject to requirements of requirements, Volatile organic maintenance area (hereinafter referred
Section 12(d) of the National compounds. to as the ‘‘Northern Kentucky Area’’ or
Technology Transfer and Advancement Dated: March 9, 2018. ‘‘Area’’). The SIP revision revises the
Act of 1995 (15 U.S.C. 272 note) because Alexis Strauss,
Commonwealth’s maintenance plan
application of those requirements would emissions inventory and associated
Acting Regional Administrator, Region IX.
be inconsistent with the Clean Air Act; motor vehicle emissions budgets
and Part 52, Chapter I, Title 40 of the Code (MVEBs), for years 2020 and 2030, to
• Does not provide the EPA with the of Federal Regulations is amended as remove reliance on emissions
discretionary authority to address, as follows: reductions from the federal RFG
appropriate, disproportionate human program requirements, a program that
health or environmental effects, using PART 52—APPROVAL AND the Commonwealth voluntarily opted
practicable and legally permissible PROMULGATION OF into in 1995. The SIP revision also
methods, under Executive Order 12898 IMPLEMENTATION PLANS includes a non-interference
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52 demonstration evaluating whether
In addition, the SIP is not approved continues to read as follows: removing reliance on the RFG
to apply on any Indian reservation land requirements in the Northern Kentucky
Authority: 42 U.S.C. 7401 et seq. Area would interfere with the
or in any other area where the EPA or
an Indian tribe has demonstrated that a requirements of the Clean Air Act (CAA
Subpart F—California
tribe has jurisdiction. In those areas of or Act). EPA is approving this SIP
Indian country, the rule does not have ■ 2. Section 52.220 is amended by revision and the corresponding non-
tribal implications and will not impose adding paragraph (c)(500) to read as interference demonstration because EPA
substantial direct costs on tribal follows: determined that the revision is
governments or preempt tribal law as consistent with the applicable
specified by Executive Order 13175 (65 § 52.220 Identification of plan-in part. provisions of the CAA. Please note that
FR 67249, November 9, 2000). * * * * * this final rule does not remove the
The Congressional Review Act, 5 (c) * * * federal RFG requirement. On April 18,
U.S.C. 801 et seq., as added by the Small (500) The following plan was 2017, Kentucky’s Energy and
Business Regulatory Enforcement submitted on February 28, 2017 by the Environment Cabinet submitted a
Fairness Act of 1996, generally provides Governor’s designee. separate petition to the EPA
that before a rule may take effect, the (i) Incorporation by reference. (A) Administrator requesting to opt-out of
agency promulgating the rule must Northern Sierra Air Quality the federal RFG program in the Northern
submit a rule report, which includes a Management District. Kentucky Area, and the Administrator
copy of the rule, to each House of the (1) Northern Sierra Air Quality will act on that petition in the near
Congress and to the Comptroller General Management District Resolution #2017– future.
of the United States. The EPA will 01, adopted January 23, 2017.
[FR Doc. 2018–06538 Filed 3–30–18; 8:45 am] DATES: This rule will be effective April
submit a report containing this action
2, 2018.
and other required information to the BILLING CODE 6560–50–P
U.S. Senate, the U.S. House of ADDRESSES: EPA has established a
Representatives, and the Comptroller docket for this action under Docket
General of the United States prior to ENVIRONMENTAL PROTECTION Identification No. No. EPA–R04–OAR–
publication of the rule in the Federal AGENCY 2017–0389 at http://
Register. A major rule cannot take effect www.regulations.gov. All documents in
40 CFR Part 52
until 60 days after it is published in the the docket are listed on the
Federal Register. This action is not a [EPA–R04–OAR–2017–0389; FRL–9976– www.regulations.gov website. Although
‘‘major rule’’ as defined by 5 U.S.C. 20—Region 4] listed in the index, some information is
804(2). not publicly available, i.e., Confidential
Under section 307(b)(1) of the Clean Air Plan Approval; KY: Removal of Business Information or other
Air Act, petitions for judicial review of Reliance on Reformulated Gasoline in information whose disclosure is
this action must be filed in the United the Kentucky Portion of the Cincinnati- restricted by statute. Certain other
States Court of Appeals for the Hamilton Area material, such as copyrighted material,
appropriate circuit by June 1, 2018. AGENCY: Environmental Protection is not placed on the internet and will be
Filing a petition for reconsideration by Agency. publicly available only in hard copy
the Administrator of this final rule does ACTION: Final rule. form. Publicly available docket
not affect the finality of this action for materials are available either
the purposes of judicial review nor does SUMMARY: The Environmental Protection electronically through
it extend the time within which a Agency (EPA) is approving a State www.regulations.gov or in hard copy at
petition for judicial review may be filed, Implementation Plan (SIP) revision the Air Regulatory Management Section,
and shall not postpone the effectiveness submitted on September 13, 2017, by Air Planning and Implementation
of such rule or action. This action may the Commonwealth of Kentucky, Branch, Air, Pesticides and Toxics
not be challenged later in proceedings to through the Kentucky Division for Air Management Division, U.S.
enforce its requirements. (See section Quality (KDAQ) in support of the Environmental Protection Agency,
Commonwealth’s separate petition Region 4, 61 Forsyth Street SW, Atlanta,
daltland on DSKBBV9HB2PROD with RULES
307(b)(2).)
requesting that EPA remove the federal Georgia 30303–8960. EPA requests that
List of Subjects in 40 CFR Part 52
reformulated gasoline (RFG) if at all possible, you contact the person
Environmental protection, Air requirements for Boone, Campbell, and listed in the FOR FURTHER INFORMATION
pollution control, Incorporation by Kenton counties in the Kentucky CONTACT section to schedule your
reference, Intergovernmental relations, portion of the Cincinnati-Hamilton, inspection. The Regional Office’s
Ozone, Reporting and recordkeeping Ohio-Kentucky-Indiana 2008 8-hr ozone official hours of business are Monday
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![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13873
through Friday 8:30 a.m. to 4:30 p.m., Hamilton 1997 8-hour ozone area was In a September 13, 2017, SIP revision
excluding Federal holidays. redesignated to attainment. submittal, KDAQ updated the mobile
FOR FURTHER INFORMATION CONTACT:
On March 12, 2008, EPA revised both (on-road and non-road) emissions
Dianna Myers, Air Regulatory the primary and secondary NAAQS for inventory for the August 26, 2016,
Management Section, Air Planning and ozone to a level of 0.075 ppm to provide maintenance plan (including the
Implementation Branch, Air, Pesticides increased protection of public health MVEBs) to reflect Kentucky’s petition
and Toxics Management Division, and the environment. See 73 FR 16436 (see below) to opt-out of the RFG
Region 4, U.S. Environmental Protection (March 27, 2008). The 2008 ozone requirements for Boone, Campbell, and
Agency, 61 Forsyth Street, SW, Atlanta, NAAQS retains the same general form Kenton counties in the Northern
Georgia 30303–8960. Ms. Myers can be and averaging time as the 0.08 ppm Kentucky Area. The updates were
reached via telephone at (404) 562–9207 NAAQS set in 1997, but is set at a more summarized in KDAQ’s submittal. On
or via electronic mail at Myers.Dianna@ protective level. Under EPA’s April 18, 2017, Kentucky’s Energy and
epa.gov. regulations at 40 CFR part 50, the 2008 Environment Cabinet submitted a
8-hour ozone NAAQS is attained when petition to the EPA Administrator
SUPPLEMENTARY INFORMATION: the 3-year average of the annual fourth requesting to opt-out of the federal RFG
I. What is the Background for this final highest daily maximum 8-hour average program in the Northern Kentucky Area,
action? ambient air quality ozone and as stated above, the September 13,
concentrations is less than or equal to 2017, SIP revision was submitted in
The Northern Kentucky Area was 0.075 ppm. See 40 CFR 50.15. support of that petition (particularly the
included in the Cincinnati-Hamilton Effective July 20, 2012, EPA requirements of 40 CFR 80.72(b)(3) and
Area, which was originally designated designated any area that was violating (4)). Kentucky’s opt-out petition will be
as a moderate nonattainment area for the 2008 8-hour ozone NAAQS based on acted on by the Administrator in a
the 1-hour ozone standard on November the three most recent years (2008–2010) separate action, and if approved in that
6, 1991 (56 FR 56694). In 1995, of air monitoring data as a separate action, will establish the
Kentucky voluntarily opted into the nonattainment area. See 77 FR 30088 effective date of the opt-out. EPA’s RFG
RFG program under Phase I of a two- (May 21, 2012). The Cincinnati- regulations require that the opt-out
phase nationwide program to reduce the Hamilton, OH-KY-IN Area was cannot become effective less than 90
volatility of commercial gasoline during designated as a marginal ozone days from the effective date of this final
the summer ozone season. Kentucky nonattainment area. See 40 CFR 81.318. action. EPA will also publish a notice in
elected to stay in the program under Areas that were designated as marginal the Federal Register to notify the public
Phase II which was more stringent than nonattainment areas were required to of the approval and effective date of the
Phase I. attain the 2008 8-hour ozone NAAQS as opt-out (See 40 CFR 80.72(c)(7) and (d).)
On July 18, 1997, EPA promulgated a expeditiously as possible but no later In a notice of proposed rulemaking
revised 8-hour ozone standard of 0.08 than July 20, 2015, based on 2012–2014 (NPRM) published on February 14, 2018
parts per million (ppm). This standard monitoring data. On May 4, 2016 (81 FR (83 FR 6496), EPA proposed to approve
was more stringent than the 1-hour 26697), EPA published its the September 13, 2017, SIP revision.
ozone standard. On June 19, 2000 (65 determination that the Cincinnati- The Agency did not receive any adverse
FR 37879), the Cincinnati-Hamilton 1- Hamilton, OH-KY-IN Area had attained comments on the NPRM.
hour nonattainment Area was the 2008 8-hour ozone NAAQS by the
attainment deadline. II. Revised MVEBs
redesignated as attainment for the 1-
hour ozone NAAQS, and was On August 26, 2016, Kentucky EPA is approving the changes in the
considered to be a maintenance area submitted a 2008 8-hour ozone September 13, 2017, SIP revision which
subject to a CAA section 175A redesignation request and maintenance includes updating the 2008
maintenance plan for the 1-hour ozone plan for the Cincinnati-Hamilton Area, maintenance plan 2020 and 2030
NAAQS. On April 30, 2004, EPA which EPA approved on July 5, 2017 (82 MVEBs. The same criteria used to
designated the Cincinnati-Hamilton OH- FR 30976).2 With its redesignation develop the MVEBs in the August 26,
KY-IN Area under subpart 1 as a ‘‘basic’’ request, Kentucky included a 2016, maintenance SIP are used for this
1997 8-hour ozone NAAQS maintenance demonstration plan that SIP revision. The revised MVEBs for
nonattainment area (69 FR 23857).1 On estimated emissions through 2030 that nitrogen oxides (NOX) and volatile
August 5, 2010 (75 FR 47218), the modeled RFG because Kentucky organic compounds (VOC) are outlined
Kentucky portion of the Cincinnati- previously opted into the RFG program. in Table 1below.
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
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1 The 1997 8-hour ozone area included in its Clinton, Hamilton and Warren Counties in Ohio; a total of 2.24 tpd to the available NOX safety
entirety Boone, Campbell, and Kenton Counties in and a portion of Dearborn County in Indiana. This margin and a total 0.74 tons per day of the available
Kentucky and Butler, Clermont, Clinton, Hamilton action only pertains to the Kentucky portion of the VOC safety margin. The transportation conformity
and Warren Counties in Ohio; and a portion of maintenance area. rule provides for establishing safety margins for use
Dearborn County in Indiana. 3 The safety margin is the difference between the
2 The Cincinnati-Hamilton, OH-KY-IN Area is
in transportation conformity determinations. (See
attainment level of emissions (from all sources) and
40 CFR 93.124(a).)
composed of portions of Boone, Campbell, and the projected level of emissions (from all sources)
Kenton Counties in Kentucky; Butler, Clermont, in the maintenance plan. KDAQ chose to allocate
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TABLE 1—MVEBS FOR THE KENTUCKY PORTION OF CINCINNATI-HAMILTON, OH-KY-IN AREA—Continued
[Tons per summer day]
2020 2030
NOX VOC NOX VOC
MVEBs with Safety Margin .............................................................................. 9.03 4.36 5.19 2.86
III. Final Action Rather, this rule will serve as a basis for • Is not subject to requirements of
EPA is approving Kentucky’s a subsequent action to relieve the Area Section 12(d) of the National
September 13, 2017, SIP revision from certain CAA requirements. For Technology Transfer and Advancement
seeking to revise the maintenance plan these reasons, EPA finds good cause Act of 1995 (15 U.S.C. 272 note) because
emissions inventory and associated under 5 U.S.C. 553(d)(3) for this action application of those requirements would
MVEBs for years 2020 and 2030 to to become effective on the date of be inconsistent with the CAA; and
remove reliance on emissions publication of this action. • Does not provide EPA with the
reductions from the federal RFG IV. Statutory and Executive Order discretionary authority to address, as
program requirements; a program that Reviews appropriate, disproportionate human
the Commonwealth voluntarily opted health or environmental effects, using
Under the CAA, the Administrator is practicable and legally permissible
into in 1995. The SIP revision also required to approve a SIP submission
includes a non-interference methods, under Executive Order 12898
that complies with the provisions of the (59 FR 7629, February 16, 1994).
demonstration evaluating whether Act and applicable Federal regulations.
removing reliance on the RFG The SIP is not approved to apply on
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). any Indian reservation land or in any
requirements in the Northern Kentucky Thus, in reviewing SIP submissions,
Area would interfere with the other area where EPA or an Indian tribe
EPA’s role is to approve state choices, has demonstrated that a tribe has
requirements of the CAA. Within 24 provided that they meet the criteria of
months from this final rule, the jurisdiction. In those areas of Indian
the CAA. This action merely approves country, the rule does not have tribal
transportation partners will need to state law as meeting Federal
demonstrate conformity to the new NOX implications as specified by Executive
requirements and does not impose Order 13175 (65 FR 67249, November 9,
and VOC MVEBs pursuant to 40 CFR additional requirements beyond those
93.104(e)(3). For analysis years 2020 2000), nor will it impose substantial
imposed by state law. For that reason, direct costs on tribal governments or
through 2029, the new 2020 MVEBs will this action:
be used, and for analysis years 2030 and preempt tribal law.
• Is not a significant regulatory action
beyond, the new 2030 MVEBs will be The Congressional Review Act, 5
subject to review by the Office of
used. U.S.C. 801 et seq., as added by the Small
Management and Budget under
In accordance with 5 U.S.C. 553(d), Business Regulatory Enforcement
Executive Orders 12866 (58 FR 51735,
EPA finds that there is good cause for Fairness Act of 1996, generally provides
October 4, 1993) and 13563 (76 FR 3821,
this action to become effective that before a rule may take effect, the
January 21, 2011);
immediately upon publication. This is • Is not an Executive Order 13771 (82 agency promulgating the rule must
because a delayed effective date is FR 9339, February 2, 2017) regulatory submit a rule report, which includes a
unnecessary because this action action because SIP approvals are copy of the rule, to each House of the
approves a SIP revision and exempted under Executive Order 12866. Congress and to the Comptroller General
noninterference demonstration that • Does not impose an information of the United States. EPA will submit a
serves as the basis of a subsequent collection burden under the provisions report containing this action and other
action to relieve the Area from certain of the Paperwork Reduction Act (44 required information to the U.S. Senate,
CAA requirements that would otherwise U.S.C. 3501 et seq.); the U.S. House of Representatives, and
apply to it. The immediate effective date • Is certified as not having a the Comptroller General of the United
for this action is authorized under both significant economic impact on a States prior to publication of the rule in
5 U.S.C. 553(d)(1), which provides that substantial number of small entities the Federal Register. A major rule
rulemaking actions may become under the Regulatory Flexibility Act (5 cannot take effect until 60 days after it
effective less than 30 days after U.S.C. 601 et seq.); is published in the Federal Register.
publication if the rule grants or • Does not contain any unfunded This action is not a ‘‘major rule’’ as
recognizes an exemption or relieves a mandate or significantly or uniquely defined by 5 U.S.C. 804(2).
restriction, and section 553(d)(3), which affect small governments, as described Under section 307(b)(1) of the CAA,
allows an effective date less than 30 in the Unfunded Mandates Reform Act petitions for judicial review of this
days after publication as otherwise of 1995 (Pub. L. 104–4); action must be filed in the United States
provided by the agency for good cause • Does not have Federalism Court of Appeals for the appropriate
found and published with the rule. The implications as specified in Executive circuit by June 1, 2018. Filing a petition
purpose of the 30-day waiting period Order 13132 (64 FR 43255, August 10, for reconsideration by the Administrator
prescribed in section 553(d) is to give 1999); of this final rule does not affect the
affected parties a reasonable time to • Is not an economically significant finality of this action for the purposes of
daltland on DSKBBV9HB2PROD with RULES
adjust their behavior and prepare before regulatory action based on health or judicial review nor does it extend the
the final rule takes effect. This rule safety risks subject to Executive Order time within which a petition for judicial
however, does not create any new 13045 (62 FR 19885, April 23, 1997); review may be filed, and shall not
regulatory requirements such that • Is not a significant regulatory action postpone the effectiveness of such rule
affected parties would need time to subject to Executive Order 13211 (66 FR or action. This action may not be
prepare before the rule takes effect. 28355, May 22, 2001); challenged later in proceedings to
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![Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13875
enforce its requirements. See section Dated: March 21, 2018. Subpart S—Kentucky
307(b)(2). Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4. ■ 2. Section 52.920(e) is amended by
List of Subjects in 40 CFR Part 52
40 CFR part 52 is amended as follows: adding an entry for ‘‘Removal of
Environmental protection, Air Reliance on Reformulated Gasoline in
pollution control, Incorporation by PART 52—APPROVAL AND the Kentucky portion of the Cincinnati-
reference, Intergovernmental relations, PROMULGATION OF Hamilton, OH–KY–IN Area’’ at the end
Nitrogen dioxide, Ozone, Particulate IMPLEMENTATION PLANS of the table to read as follows:
matter, Reporting and recordkeeping
requirements, Volatile organic ■ 1. The authority citation for part 52 § 52.920 Identification of plan.
compounds. continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. Authority: 42.U.S.C. 7401 et seq. (e) * * *
EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS
State
Name of non-regulatory SIP Applicable geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
* * * * * * *
Removal of Reliance on Re- Boone, Campbell and Kenton 09/13/17 4/2/2018 [Insert citation of
formulated Gasoline in the Counties (Kentucky portion publication].
Kentucky portion of the Cin- of the Cincinnati-Hamilton
cinnati-Hamilton, OH–KY–IN Area).
Area.
[FR Doc. 2018–06557 Filed 3–30–18; 8:45 am] removal from the SIP but was never Implementation Branch, Pesticides and
BILLING CODE 6560–50–P removed. This action is being taken Toxics Management Division, Region 4,
pursuant to the Clean Air Act (CAA or U.S. Environmental Protection Agency,
Act). 61 Forsyth Street SW, Atlanta, Georgia
ENVIRONMENTAL PROTECTION DATES: This rule is effective May 2, 30303–8960. The telephone number is
AGENCY 2018. (404) 562–8966. Mr. Febres can also be
ADDRESSES: EPA has established a reached via electronic mail at febres-
40 CFR Part 52 martinez.andres@epa.gov.
docket for this action under Docket
[EPA–R04–OAR–2017–0500; FRL–9976– Identification No. EPA–R04–OAR– SUPPLEMENTARY INFORMATION:
17—Region 4] 2017–0500. All documents in the docket
are listed on the www.regulations.gov I. What actions is EPA taking today?
Air Plan Approval; Florida; Stationary
website. Although listed in the index,
Sources Emissions Monitoring On February 1, 2017, FDEP submitted
some information is not publicly
available, i.e., Confidential Business to EPA for approval a SIP revision for
AGENCY: Environmental Protection
Information or other information whose the purpose of updating Florida’s
Agency (EPA).
disclosure is restricted by statute. requirements and procedures for
ACTION: Final rule.
Certain other material, such as emissions monitoring at stationary
SUMMARY: The Environmental Protection copyrighted material, is not placed on sources. Florida’s February 1, 2017, SIP
Agency (EPA) is taking final action to the internet and will be publicly revision includes amendments to three
approve a portion of a State available only in hard copy form. F.A.C. rule sections and the removal of
Implementation Plan (SIP) revision Publicly available docket materials are one F.A.C. rule section from the Florida
submitted by the State of Florida, available either electronically through SIP. Specifically, these changes to
through the Florida Department of www.regulations.gov or in hard copy at Florida’s rules include the amendments
Environmental Protection (FDEP) on the Air Regulatory Management Section, of Rule 62–297.310, F.A.C.—‘‘General
February 1, 2017, for the purpose of Air Planning and Implementation Emissions Test Requirement;’’ Rule 62–
revising Florida’s requirements and Branch, Air, Pesticides and Toxics 297.440, F.A.C.—‘‘Supplementary Test
procedures for emissions monitoring at Management Division, U.S. Procedures;’’ and Rule 62–297.450,
stationary sources. Specifically, Environmental Protection Agency, F.A.C.—‘‘EPA VOC Capture Efficiency
Florida’s February 1, 2017, SIP Region 4, 61 Forsyth Street SW, Atlanta, Test Procedures.’’ In addition, Florida’s
submittal includes amendments to three Georgia 30303–8960. EPA requests that February 1, 2017, SIP submittal includes
Florida Administrative Code (F.A.C.) if at all possible, you contact the person the removal of one of Florida’s rule
rule sections, as well as the removal of listed in the FOR FURTHER INFORMATION sections from the SIP. Specifically,
one F.A.C. rule section from the Florida CONTACT section to schedule your Florida requested to remove Rule 62–
SIP, in order to eliminate redundant inspection. The Regional Office’s 297.401, F.A.C.—‘‘Compliance Test
daltland on DSKBBV9HB2PROD with RULES
language and make updates to the official hours of business are Monday Methods’’ from the State’s
requirements for emissions monitoring through Friday 8:30 a.m. to 4:30 p.m., implementation plan because it has
at stationary sources. Additionally, this excluding Federal holidays. been repealed at the state level, and,
action includes a correction to remove FOR FURTHER INFORMATION CONTACT: according to the submittal, the section is
an additional F.A.C. rule that was Andres Febres, Air Regulatory unnecessary, obsolete or duplicative of
previously approved by EPA for Management Section, Air Planning and other F.A.C. Rules.
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Document Created: 2018-11-01 09:08:41
Document Modified: 2018-11-01 09:08:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective April 2, 2018. | |
| 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] | |
| FR Citation | 83 FR 13872 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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