83 FR 22593 - Removal of the Federal Reformulated Gasoline Program from the Northern Kentucky Portion of the Cincinnati-Hamilton Ozone Maintenance Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range		22593-22595
FR Document		2018-10456

The Environmental Protection Agency (EPA) is taking final action in announcing its approval of the petition by Kentucky to opt- out of the federal reformulated gasoline (RFG) program and remove the requirement to sell federal RFG for Boone, Campbell, and Kenton counties (the Northern Kentucky Area), which are part of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana maintenance area for the 2008 ozone national ambient air quality standard (NAAQS) (Cincinnati- Hamilton, OH-KY-IN Area). EPA has determined that this removal of the federal RFG program for the Northern Kentucky Area is consistent with the applicable provisions of the Clean Air Act (CAA) and EPA's regulations.

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)

[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Rules and Regulations]
[Pages 22593-22595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2018-0114; FRL-9977-50-OAR]


Removal of the Federal Reformulated Gasoline Program from the 
Northern Kentucky Portion of the Cincinnati-Hamilton Ozone Maintenance 
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of final action on petition.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action in announcing its approval of the petition by Kentucky to opt-
out of the federal reformulated gasoline (RFG) program and remove the 
requirement to sell federal RFG for Boone, Campbell, and Kenton 
counties (the Northern Kentucky Area), which are part of the 
Cincinnati-Hamilton, Ohio-Kentucky-Indiana maintenance area for the 
2008 ozone national ambient air quality standard (NAAQS) (Cincinnati-
Hamilton, OH-KY-IN Area). EPA has determined that this removal of the 
federal RFG program for the Northern Kentucky Area is consistent with 
the applicable provisions of the Clean Air Act (CAA) and EPA's 
regulations.

DATES: The effective date for removal of the Northern Kentucky Area 
from the federal RFG program is July 1, 2018.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of 
Transportation and Air Quality, U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 
343-9256; email address: [email protected] or Rudy Kapichak, 
Office of Transportation and Air Quality, U.S. Environmental Protection 
Agency, (2000 Traverwood, Ann Arbor, MI 48105); telephone number: 734-
214-4574; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final action are fuel 
producers and distributors who do business in the Northern Kentucky 
Area.

[[Page 22594]]



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                                                             NAICS \1\
       Examples of potentially regulated entities              codes
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Petroleum refineries....................................          324110
                                                                  424710
Gasoline Marketers and Distributors.....................          424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
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    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which EPA is 
aware that potentially could be affected by this final action. Other 
types of entities not listed on the table could also be affected by 
this final action. To determine whether your organization could be 
affected by this final action, you should carefully examine the 
regulations in 40 CFR part 80, subpart D--Reformulated Gasoline. If you 
have questions regarding the applicability of this action to a 
particular entity, see the FOR FURTHER INFORMATION CONTACT section of 
this preamble.
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    \1\ North American Industry Classification System.
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B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under Docket ID No. 
EPA-HQ-OAR-2018-0114. All documents in the docket are listed on the 
www.regulations.gov website. Although listed in the index, some 
information may not be publicly available, e.g., Confidential Business 
Information (CBI) 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 
electronically through www.regulations.gov.

II. Background

A. What is the RFG program?

    The 1990 Clean Air Act (CAA) amendments established specific 
requirements for the RFG program to reduce ozone levels in certain 
areas in the country experiencing ground-level ozone or smog problems 
by reducing vehicle emissions of compounds that form ozone, 
specifically volatile organic compounds (VOCs). The 1990 CAA 
amendments, specifically CAA 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 CAA defined certain nonattainment areas as ``covered 
areas'' which are required to use reformulated gasoline (RFG) and 
provided other areas with an ability to ``opt-in'' to the RFG program. 
CAA section 211(k)(6) provides an opportunity for an area classified as 
a Marginal, Moderate, Serious, or Severe ozone nonattainment area, or 
which is in the ozone transport region established by CAA section 
184(a), to ``opt-in'' to the RFG program upon application by the 
governor of the state (or his authorized representative) and subsequent 
action by EPA.
    As in other RFG covered areas, RFG opt-in areas are subject to the 
prohibition in CAA section 211(k)(5) on the sale or dispensing by any 
person of conventional (non-RFG) gasoline to ultimate consumers in the 
covered area. The prohibition also includes the sale or dispensing by 
any refiner, blender, importer, or marketer of conventional gasoline 
for resale in any covered areas, without segregating the conventional 
gasoline from RFG and clearly marking conventional gasoline as not for 
sale to ultimate consumers in a covered area. EPA first published 
regulations for the RFG program on February 16, 1994 (59 FR 7716).
    Kentucky voluntarily opted Boone, Campbell, and Kenton Counties 
into the RFG program in 1995. Kentucky also opted its portion of the 
Louisville ozone area (Jefferson County and parts of Bullitt and Oldham 
Counties) into the RFG program; however, today's action does not affect 
the use of RFG in the Louisville ozone area. A current listing of the 
RFG covered areas and a summary of RFG requirements can be found on 
EPA's website at: https://www.epa.gov/gasoline-standards/reformulated-gasoline.

B. Opt-Out Procedures

    The RFG regulations (40 CFR 80.72--Procedures for opting out of the 
covered areas) provide the process and criteria for a reasonable 
transition out of the RFG program if a state decides to opt-out.\2\ 
These opt-out regulations provide that the governor of the state must 
submit a petition to the Administrator requesting to opt-out of the RFG 
program. The petition must include specific information on how, if at 
all, the state has relied on RFG in a proposed or approved state 
implementation plan (SIP) or plan revision and, if RFG is relied upon, 
how the SIP will be revised to reflect the state's opt-out from RFG. 
The opt-out regulations also provide that EPA will notify the state in 
writing of the Agency's action on the petition and the date the opt-out 
becomes effective (i.e., the date RFG is no longer required in the 
affected area) when the petition is approved. The opt-out regulations 
also provide that EPA will publish a Federal Register notice announcing 
the approval of any opt-out petition and the effective date of such 
opt-out. If a SIP revision is required, the effective date of EPA's 
approval of the opt-out can be no less than 90 days from the effective 
date of EPA's approval of the revision to the SIP that removes RFG as a 
control measure. See 40 CFR 80.72(c)(7).
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    \2\ Pursuant to authority under CAA sections 211(c) and (k) and 
301(a), EPA promulgated regulations at 40 CFR 80.72 to provide 
criteria and general procedures for states to opt-out of the RFG 
program where the state had previously voluntarily opted into the 
program. The regulations were initially adopted on July 8, 1996 (61 
FR 35673) (the RFG ``Opt-out Rule''); and were revised on October 
20, 1997 (62 FR 54552).
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    EPA determined in the RFG ``Opt-out Rule'' that it would not be 
necessary to conduct a separate rulemaking for each future opt-out 
request. (See 61 FR 35673 at 35675 (July 8, 1996)). EPA established a 
petition process to address, on a case-by-case basis, future individual 
state requests to opt-out of the RFG program. The opt-out regulations 
establish clear and objective criteria for EPA to apply. These 
regulatory criteria address when a state's petition is complete and the 
appropriate transition time for opting out. As EPA stated in the 
preamble to the Opt-out Rule, this application of regulatory criteria 
on a case-by-case basis to individual opt-out requests does not require 
notice-and-comment rulemaking, either under CAA section 307(d) or the 
Administrative Procedure Act. Thus, in this action, EPA is applying the 
criteria and following the procedures specified in its opt-out 
regulations to approve Kentucky's petition.

C. Opt-out of RFG for the Northern Kentucky Portion of the Cincinnati-
Hamilton OH-KY-IN Maintenance Area

    On April 18, 2017, Kentucky submitted a petition to the EPA 
Administrator requesting to opt-out from the RFG program for Boone, 
Campbell and Kenton counties (the Northern Kentucky Area).\3\ In order 
to fulfill the requirements of the RFG opt-out regulations, on 
September 13, 2018, Kentucky submitted a revision to its maintenance 
plan for the Northern

[[Page 22595]]

Kentucky Area to remove the emissions reductions associated with the 
use of RFG in this area and to demonstrate that the RFG opt-out would 
not interfere with the area's ability to attain or maintain the 2008 
ozone NAAQS and any other NAAQS as required by CAA section 110(l). (See 
40 CFR 80.72(b)). EPA published a proposed approval of the SIP revision 
on February 14, 2018 (83 FR 6496) and a final approval of the SIP 
revision on April 2, 2018 (83 FR 13872). The final approval of the 
maintenance plan revision was effective upon publication, April 2, 
2018. The RFG opt-out regulations provide that the opt-out effective 
date shall be no less than 90 days from the EPA SIP approval effective 
date. (See 40 CFR 80.72(c)(7)). EPA is unaware of any reason that the 
effective date should be postponed, and therefore, is establishing an 
opt-out effective date of July 1, 2018 for the Northern Kentucky Area.
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    \3\ The Secretary of Kentucky's Energy and Environment Cabinet 
submitted the opt-out petition on behalf of the Commonwealth of 
Kentucky. A copy of the opt-out petition is included in the docket.
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    As provided by the RFG Opt-out Rule and the opt-out regulations, 
EPA will publish a final rule at a later date to remove the three 
counties in the Northern Kentucky Area from the list of RFG covered 
areas in 40 CFR 80.70 after the effective date of the opt-out. EPA 
believes that it is prudent to complete this ministerial exercise to 
revise the list of covered areas in the Code of Federal Regulations 
after the effective date of the opt-out.

III. Action

    EPA is approving Kentucky's petition because it contained the 
information required by 40 CFR 80.72, including that Kentucky revised 
the approved maintenance plan for the 2008 ozone NAAQS for the Northern 
Kentucky Area to remove the emissions reductions associated with RFG. 
EPA is also determining the opt-out effective date by applying the 
criteria in 40 CFR 80.72(c)(7). As discussed in Section II.A. of this 
document, the opt-out regulations require that if a state included RFG 
as a control measure in an approved SIP, the state must revise the SIP, 
reflecting the removal of RFG as a control measure before an opt-out 
can be effective and the opt-out cannot be effective less than 90 days 
after the effective date of the approval of the SIP revision. EPA 
published a final approval of Kentucky's maintenance plan revision and 
noninterference demonstration on April 2, 2018 (83 FR 13872). The final 
approval was effective upon publication.
    In summary, EPA is today notifying the public that it has applied 
its regulatory criteria to approve the petition by Kentucky to opt-out 
of the RFG program for the Northern Kentucky Area of the Cincinnati-
Hamilton, OH-KY-IN ozone maintenance area and is thereby removing the 
prohibition on the sale of conventional gasoline in that area as of 
July 1, 2018. (See 40 CFR 80.72). This opt-out effective date applies 
to retailers, wholesale purchasers, consumers, refiners, importers, and 
distributors.

    Dated: May 9, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018-10456 Filed 5-15-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations 22595

Kentucky Area to remove the emissions Area of the Cincinnati-Hamilton, OH- Washington, DC 20460–0001; main
reductions associated with the use of KY-IN ozone maintenance area and is telephone number: (703) 305–7090;
RFG in this area and to demonstrate that thereby removing the prohibition on the email address: RDFRNotices@epa.gov.
the RFG opt-out would not interfere sale of conventional gasoline in that SUPPLEMENTARY INFORMATION:
with the area’s ability to attain or area as of July 1, 2018. (See 40 CFR
maintain the 2008 ozone NAAQS and 80.72). This opt-out effective date I. General Information
any other NAAQS as required by CAA applies to retailers, wholesale A. Does this action apply to me?
section 110(l). (See 40 CFR 80.72(b)). purchasers, consumers, refiners,
EPA published a proposed approval of importers, and distributors. You may be potentially affected by
the SIP revision on February 14, 2018 this action if you are an agricultural
Dated: May 9, 2018. producer, food manufacturer, or
(83 FR 6496) and a final approval of the E. Scott Pruitt,
SIP revision on April 2, 2018 (83 FR pesticide manufacturer. The following
Administrator. list of North American Industrial
13872). The final approval of the
maintenance plan revision was effective [FR Doc. 2018–10456 Filed 5–15–18; 8:45 am] Classification System (NAICS) codes is
upon publication, April 2, 2018. The BILLING CODE 6560–50–P not intended to be exhaustive, but rather
RFG opt-out regulations provide that the provides a guide to help readers
opt-out effective date shall be no less determine whether this document
ENVIRONMENTAL PROTECTION applies to them. Potentially affected
than 90 days from the EPA SIP approval
AGENCY entities may include:
effective date. (See 40 CFR 80.72(c)(7)).
EPA is unaware of any reason that the • Crop production (NAICS code 111).
40 CFR Part 180 • Animal production (NAICS code
effective date should be postponed, and
therefore, is establishing an opt-out [EPA–HQ–OPP–2017–0032; FRL–9976–62] 112).
effective date of July 1, 2018 for the • Food manufacturing (NAICS code
Northern Kentucky Area. Tebuconazole; Pesticide Tolerances 311).
As provided by the RFG Opt-out Rule AGENCY: Environmental Protection • Pesticide manufacturing (NAICS
and the opt-out regulations, EPA will Agency (EPA). code 32532).
publish a final rule at a later date to ACTION: Final rule. B. How can I get electronic access to
remove the three counties in the other related information?
Northern Kentucky Area from the list of SUMMARY: This regulation establishes
RFG covered areas in 40 CFR 80.70 after tolerances for residues of tebuconazole You may access a frequently updated
the effective date of the opt-out. EPA in or on ginseng, fresh at 0.15 parts per electronic version of EPA’s tolerance
believes that it is prudent to complete million (ppm) and ginseng, dried at 0.40 regulations at 40 CFR part 180 through
this ministerial exercise to revise the list ppm. Bayer CropScience LP, requested the Government Printing Office’s e-CFR
of covered areas in the Code of Federal these tolerances under the Federal Food, site at http://www.ecfr.gov/cgi-bin/text-
Regulations after the effective date of Drug, and Cosmetic Act (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
the opt-out. DATES: This regulation is effective May
40tab_02.tpl.
III. Action 16, 2018. Objections and requests for C. How can I file an objection or hearing
hearings must be received on or before request?
EPA is approving Kentucky’s petition July 16, 2018, and must be filed in
because it contained the information Under FFDCA section 408(g), 21
accordance with the instructions
required by 40 CFR 80.72, including U.S.C. 346a, any person may file an
provided in 40 CFR part 178 (see also
that Kentucky revised the approved objection to any aspect of this regulation
Unit I.C. of the SUPPLEMENTARY
maintenance plan for the 2008 ozone and may also request a hearing on those
INFORMATION).
NAAQS for the Northern Kentucky Area objections. You must file your objection
to remove the emissions reductions ADDRESSES: The docket for this action, or request a hearing on this regulation
associated with RFG. EPA is also identified by docket identification (ID) in accordance with the instructions
determining the opt-out effective date number EPA–HQ–OPP–2017–0032, is provided in 40 CFR part 178. To ensure
by applying the criteria in 40 CFR available at http://www.regulations.gov proper receipt by EPA, you must
80.72(c)(7). As discussed in Section II.A. or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
of this document, the opt-out Regulatory Public Docket (OPP Docket) OPP–2017–0032 in the subject line on
regulations require that if a state in the Environmental Protection Agency the first page of your submission. All
included RFG as a control measure in an Docket Center (EPA/DC), West William objections and requests for a hearing
approved SIP, the state must revise the Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
SIP, reflecting the removal of RFG as a Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or
control measure before an opt-out can 20460–0001. The Public Reading Room before July 16, 2018. Addresses for mail
be effective and the opt-out cannot be is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and
effective less than 90 days after the Monday through Friday, excluding legal hearing requests are provided in 40 CFR
effective date of the approval of the SIP holidays. The telephone number for the 178.25(b).
revision. EPA published a final approval Public Reading Room is (202) 566–1744, In addition to filing an objection or
of Kentucky’s maintenance plan and the telephone number for the OPP hearing request with the Hearing Clerk
revision and noninterference Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please
demonstration on April 2, 2018 (83 FR the visitor instructions and additional submit a copy of the filing (excluding
nshattuck on DSK9F9SC42PROD with RULES

13872). The final approval was effective information about the docket available any Confidential Business Information
upon publication. at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
In summary, EPA is today notifying FOR FURTHER INFORMATION CONTACT: Information not marked confidential
the public that it has applied its Michael Goodis, Director, Registration pursuant to 40 CFR part 2 may be
regulatory criteria to approve the Division (7505P), Office of Pesticide disclosed publicly by EPA without prior
petition by Kentucky to opt-out of the Programs, Environmental Protection notice. Submit the non-CBI copy of your
RFG program for the Northern Kentucky Agency, 1200 Pennsylvania Ave. NW, objection or hearing request, identified

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Document Created: 2018-11-02 09:13:33
Document Modified: 2018-11-02 09:13:33

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		Notification of final action on petition.
Dates		The effective date for removal of the Northern Kentucky Area from the federal RFG program is July 1, 2018.
Contact		David Dickinson, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
FR Citation		83 FR 22593