83 FR 6496 - 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 31 (February 14, 2018)
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6496-6503 | |
| FR Document | 2018-03078 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Proposed Rules] [Pages 6496-6503] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03078] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0389; FRL-9974-45--Region 4] Air Plan Approval; KY: Removal of Reliance on Reformulated Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted on September 13, 2017, by the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ) in support of the Commonwealth's separate petition requesting that EPA remove the federal reformulated gasoline (RFG) requirements for Boone, Campbell, and Kenton counties in the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana 2008 8-hr ozone maintenance area (hereinafter referred to as the ``Northern Kentucky Area'' or ``Area''). The SIP revision revises the Commonwealth's maintenance plan emissions inventory and associated motor vehicle emissions budgets (MVEBs) to remove reliance on emissions reductions from the federal RFG program requirements; a program that the Commonwealth voluntarily opted into in 1995. The SIP revision also includes a non-interference demonstration evaluating whether removing reliance on the RFG requirements in the Northern Kentucky Area would interfere with the requirements of the Clean Air Act (CAA or Act). EPA is proposing to approve this SIP revision and the corresponding non-interference demonstration because EPA has preliminarily determined that the revision is consistent with the applicable provisions of the CAA. DATES: Comments must be received on or before March 7, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0389 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Myers can be reached via telephone at (404) 562-9207 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is being proposed? This rulemaking proposes to approve Kentucky's September 13, 2017, SIP revision in support of Kentucky's petition to opt-out of the federal RFG requirements in Boone, Campbell, and Kenton Counties.\1\ Specifically, EPA is proposing to approve Kentucky's changes to the maintenance plan mobile emissions inventory and the associated MVEBs related to its redesignation request for the Kentucky portion of the Cincinnati-Hamilton 2008 8-hour ozone maintenance area to reflect removal of reliance on federal RFG requirements. As part of this proposed approval, EPA is also proposing to find that the Commonwealth has demonstrated that removing the federal RFG requirements in Boone, Campbell, and Kenton Counties will not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standard) or with any other applicable requirement of the CAA. --------------------------------------------------------------------------- \1\ Pursuant to 40 CFR 80.72(b), the Governor must submit a petition to the EPA Administrator requesting removal of any opt-in areas from the federal RFG program. The petition must include certain specified information and any additional information requested by the Administrator. As fully described in section III below, if RFG is relied upon as a control measure in any approved SIP or plan revision, the federal RFG program opt-out regulations require that a SIP revision must be submitted. Kentucky's maintenance plan relied upon RFG; as a result, Kentucky submitted this SIP revision. The decision on whether to grant the opt-out petition pursuant to 40 CFR 80.72(b) is at the discretion of the Administrator and will be made through a separate action. --------------------------------------------------------------------------- On August 26, 2016, Kentucky submitted a 2008 8-hour ozone redesignation request and maintenance plan for the Cincinnati-Hamilton Area, which EPA approved on July 5, 2017 (82 FR 30976).\2\ With its redesignation request, Kentucky included a maintenance demonstration plan that estimates emissions through 2030 that modeled RFG because Kentucky previously opted into the RFG program. However, through this SIP revision, KDAQ is updating the mobile (on-road and non-road) emissions inventory for that maintenance plan (including the MVEBs) to reflect Kentucky's petition to opt-out of the RFG requirements for Boone, Campbell, and Kenton counties in the Northern Kentucky Area. The updates are summarized in Kentucky's submittal. --------------------------------------------------------------------------- \2\ The Cincinnati-Hamilton, OH-KY-IN Area is composed of portions of Boone, Campbell, and Kenton Counties in Kentucky; Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. This action only pertains to the Kentucky portion of the maintenance area. --------------------------------------------------------------------------- In support of the September 13, 2017, SIP revision, Kentucky has evaluated whether removing reliance on the federal RFG requirements would interfere with air quality in the Area. To make this demonstration of noninterference, Kentucky completed a technical analysis, including modeling, to estimate the change in emissions that would result from removing RFG from Boone, Campbell, and Kenton Counties in the Northern Kentucky Area. In the noninterference demonstration, Kentucky used EPA's Motor Vehicle Emissions Simulator (MOVES) to develop its projected emissions inventory according to EPA's guidance for on-road mobile sources using [[Page 6497]] MOVES version 2014a.\3\ Future-year on-road mobile source emissions estimates for volatile organic compounds (VOC) and nitrogen oxides (NOX ) for years 2020 and 2030 were generated with MOVES2014a without RFG. Emissions estimates were interpolated for the year 2025. The noninterference demonstration showed compliance with and maintenance of the 2008 8-hour ozone NAAQS by showing that current and future emissions of NOX and VOC remain at or below the 2014 base year emissions inventory without the use of RFG. For more detailed information on the current approved maintenance plan, see EPA's May 1, 2017 (82 FR 20297), proposed approval of Kentucky's maintenance plan for the 2008 8-hour ozone NAAQS. --------------------------------------------------------------------------- \3\ Kentucky used the NONROAD 2008 model within MOVES2014a to develop the non-road emissions inventory to reflect the emissions changes from removing RFG from the Northern Kentucky Area. Table 1 reflects the emissions changes. --------------------------------------------------------------------------- In this action, EPA is proposing to approve the revision to the Commonwealth's maintenance plan emissions inventory and associated MVEBs to remove reliance on emissions reductions from the federal RFG program requirements, and to find that Kentucky's noninterference demonstration supports the conclusion that removal of reliance on federal RFG requirements in Boone, Campbell, and Kenton Counties in the Northern Kentucky Area will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA. II. What is the background for the Northern Kentucky area? Northern Kentucky was included in the Cincinnati-Hamilton Area which was originally designated as a moderate nonattainment area for the 1-hour ozone standard on November 6, 1991 (56 FR 56694). In 1995, Kentucky voluntarily opted into the RFG program under Phase I of a two- phase nationwide program to reduce the volatility of commercial gasoline during the summer ozone season. Kentucky elected to stay in the program under Phase II which was more stringent than Phase I. On July 18, 1997, EPA promulgated a revised 8-hr ozone standard of 0.08 parts per million (ppm). This standard was more stringent than the 1-hour ozone standard. On June 19, 2000 (65 FR 37879), the Cincinnati- Hamilton 1-hour nonattainment Area was redesignated as attainment for the 1-hour ozone NAAQS, and was considered to be a maintenance area subject to a CAA section 175A maintenance plan for the 1-hour ozone NAAQS. On April 30, 2004, EPA designated the Cincinnati-Hamilton OH-KY- IN Area under subpart 1 as a ``basic'' 1997 8-hour ozone NAAQS nonattainment area (69 FR 23857).\4\ On August 5, 2010 (75 FR 47218), the Kentucky portion of the Cincinnati-Hamilton 1997 8-hour ozone area was redesignated to attainment. On March 12, 2008, EPA revised both the primary and secondary NAAQS for ozone to a level of 0.075 ppm to provide increased protection of public health and the environment. See 73 FR 16436 (March 27, 2008). The 2008 ozone NAAQS retains the same general form and averaging time as the 0.08 ppm NAAQS set in 1997, but is set at a more protective level. Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. --------------------------------------------------------------------------- \4\ The 1997 8-hour ozone area included in its entirety Boone, Campbell, and Kenton Counties in Kentucky and Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. --------------------------------------------------------------------------- Effective July 20, 2012, EPA designated any area that was violating the 2008 8-hour ozone NAAQS based on the three most recent years (2008- 2010) of air monitoring data as a nonattainment area. See 77 FR 30088 (May 21, 2012). The Cincinnati-Hamilton, OH-KY-IN Area was designated as a marginal ozone nonattainment area.\5\ See 40 CFR 81.318. Areas that were designated as marginal nonattainment areas were required to attain the 2008 8-hour ozone NAAQS as expeditiously as possible but no later than July 20, 2015, based on 2012-2014 monitoring data. On May 4, 2016 (81 FR 26697), EPA published its determination that the Cincinnati-Hamilton, OH-KY-IN Area had attained the 2008 8-hour ozone NAAQS by the attainment deadline. --------------------------------------------------------------------------- \5\ The 2008 8-hr ozone area included portions of Boone, Campbell, and Kenton Counties; Butler, Clermont, Clinton, Hamilton and Warren Counties in its entirety in Ohio; and a portion of Dearborn County in Indiana. --------------------------------------------------------------------------- III. What is the history of the reformulated gasoline requirement? The 1990 amendments to the CAA designed the RFG program to reduce ozone levels in the largest metropolitan areas in the country with the worst ground-level ozone or smog problems by reducing vehicle emissions of compounds that form ozone, specifically VOC. The 1990 CAA amendments, specifically section 211(k)(5), directed EPA to issue regulations that specify how gasoline can be ``reformulated'' so as to result in significant reductions in vehicle emissions of ozone-forming and toxic air pollutants relative to the 1990 baseline fuel, and to require the use of such reformulated gasoline in certain ``covered areas.'' The Act defined certain nonattainment areas as ``covered areas'' which are required to use RFG and provided other areas with an ability to ``opt-in'' to the federal RFG program.\6\ Of relevance here is CAA section 211(k)(6), which provides that upon application of the Governor of a State, the Administrator shall apply the prohibition contained in section 211(k)(5) for areas to ``opt-in'' to the federal RFG program. In 1993,\7\ the Governor of the Commonwealth of Kentucky petitioned the Administrator to ``opt-in'' to the RFG program for the Northern Kentucky Area which consisted of Boone, Campbell, and Kenton Counties. --------------------------------------------------------------------------- \6\ CAA section 211(k)(5) prohibits the sale of conventional gasoline (i.e., gasoline that the EPA has not certified as reformulated) in certain ozone nonattainment areas beginning January 1, 1995. CAA section 211(k)(10)(D) defines the areas initially covered by the federal RFG program as ozone nonattainment areas having a 1980 population in excess of 250,000 and having the highest ozone design values during the period 1987 through 1989. In addition, under CAA section 211(k)(10)(D), any area reclassified as a severe ozone nonattainment area under CAA section 181(b) is also included in the federal RFG program. \7\ A copy of Kentucky's letter is included in the docket. --------------------------------------------------------------------------- EPA first published regulations for the federal RFG program on February 16, 1994 (59 FR 7716). These regulations constituted Phase I of a two-phase nationwide program. A current listing of the RFG requirements for states can be found on EPA's website at: https://www.epa.gov/gasoline-standards. The federal RFG regulations also contain provisions, at 40 CFR 80.72, establishing criteria and procedures for opting out of the program for those states that had previously voluntarily opted into the program (``opt-out provisions''). For example, the opt-out provisions require that a governor, or his or her authorized representative, submit an opt-out petition to the Administrator of the Agency. The opt-out petition must include certain information, including a description of how, if at all, reformulated gasoline has been relied upon as a control measure in any state or local implementation plan or in any proposed plan that is pending before EPA. This would include, for example, attainment as well as maintenance plans. The petition must also include an explanation of whether the state is [[Page 6498]] intending to submit a revision to an approved or pending plan that does not use RFG as a control measure, and a description of alternative air quality measures, if any, that will replace the use of RFG; a description of the current status of any proposed revision to an approved or pending plan that uses RFG; and a projected schedule for the plan revision submission. See 40 CFR 80.72(b)(3) and (b)(4). On April 18, 2017, Kentucky submitted a petition to the EPA Administrator requesting to opt-out of the federal RFG program in the Northern Kentucky Area and as stated above, this SIP revision is submitted in support of that petition (particularly the requirements of 40 CFR 80.72(b)(3) and (b)(4)).\8\ Kentucky's opt-out petition will be acted on by the Administrator in a separate action, and if approved in that separate action, will establish the effective date of the opt-out, which cannot be less than 90 days from the effective date of the approval of the SIP revision that is the subject of today's proposal. EPA will also publish a notice in the Federal Register to notify the public of the effective date of any opt-out approval. --------------------------------------------------------------------------- \8\ A copy of the opt-out petition is included in the docket. --------------------------------------------------------------------------- IV. What are the section 110(l) requirements? The modeling associated with KDAQ's maintenance plan for the 2008 8-hour ozone NAAQS is premised upon the future-year emissions estimates for 2017, 2020, and 2030, which are based on the RFG requirement. To support Kentucky's requested SIP revision to remove the maintenance plan's reliance on the federal RFG requirements in Boone, Campbell, and Kenton Counties, the Commonwealth must demonstrate that the requested change will satisfy section 110(l) of the CAA. Section 110(l) requires that a revision to the SIP not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. Kentucky submitted a non-interference demonstration with this SIP revision and EPA is proposing to find that the analysis demonstrates noninterference based on an evaluation of current air quality monitoring data and the information provided in the noninterference demonstration. EPA evaluates each section 110(l) noninterference demonstration on a case-by-case basis considering the circumstances of each SIP revision. EPA interprets section 110(l) as applying to all NAAQS that are in effect, including those that have been promulgated but for which EPA has not yet made designations. The degree of analysis focused on any particular NAAQS in a noninterference demonstration varies depending on the nature of the emissions associated with the proposed SIP revision. EPA's section 110(l) analysis of the noninterference demonstration included as part of Kentucky's September 13, 2017, SIP revision is provided below. V. What is EPA's analysis of Kentucky's submittal? a. Overall Preliminary Conclusions Regarding Kentucky's Noninterference Analyses The RFG program is designed to reduce ozone levels and air toxics in areas that are required to or volunteered to adopt the program. RFG gasoline reduces motor vehicle emissions of the ozone precursors, NOX and VOC (mainly VOC), through fuel reformulation. On September 13, 2017, KDAQ submitted a SIP revision along with a corresponding noninterference demonstration to support Kentucky's separate petition to opt-out of the RFG requirements for Boone, Campbell, and Kenton Counties. This noninterference demonstration includes an evaluation of the impact that removing RFG from these counties would have on the Area's ability to attain or maintain the 2008 ozone NAAQS and any other NAAQS in the Kentucky Area.\9\ Kentucky's noninterference analysis also evaluated the impact of the removal of RFG on the Area's ability to attain or maintain the ozone, particulate matter (PM),\10\ nitrogen dioxide (NO2 ), sulfur dioxide (SO2 ), and carbon monoxide (CO) NAAQS. --------------------------------------------------------------------------- \9\ The six NAAQS for which EPA establishes health and welfare based standards are CO, lead, NO2 , ozone, PM, and SO2 . RFG requirements do not have an impact on actual or modeled lead emissions. \10\ PM is composed of PM2.5 and PM10 . --------------------------------------------------------------------------- KDAQ's noninterference analysis utilized EPA's MOVES2014a emission modeling system to estimate emissions for years 2017, 2020, and 2030 for on-road and non-road mobile sources. See Appendix E-1 and E-2 of the September 13, 2017, submittal for detailed modeling protocol.\11\ The NONROAD2008 model within MOVES2014a was used to model the non-road sources. These mobile source emissions are used as part of the evaluation of the potential impacts to the NAAQS that might result exclusively from removing the RFG requirements. NOX and VOC emissions were calculated for a typical summer July day. --------------------------------------------------------------------------- \11\ The modeling results and original emissions inventories for the 2008 8-hr Redesignation Request and Maintenance Plan is included in the docket. --------------------------------------------------------------------------- As summarized in Tables 1 and 2, below, the MOVES model projects small increases in on-road mobile source VOC and NOX emissions in the Northern Kentucky portion of the Cincinnati-Hamilton OH-IN-KY 2008 8-hour Ozone Area from removing the federal RFG requirements. On-road mobile sources include vehicles used on roads for transportation of passengers or freight. Daily on-road mobile VOC emissions are projected to increase by 0.25 ton in 2017 down to 0.05 ton in 2030 during the high ozone season.\12\ Daily on-road NOX emissions are projected to increase by 0.29 ton in 2017 down to 0.06 ton in 2030. The modeling shows an overall downward trend in on-road emissions from removing RFG from the area. Daily VOC emissions decrease by 64.5 percent and daily NOX emissions decrease by 74.6 percent. --------------------------------------------------------------------------- \12\ High ozone season begins June 1st and ends September 15th of each year. Table 1--On-Road VOC Emissions RFG vs. Non-RFG Tons per Summer Day [TSD] -------------------------------------------------------------------------------------------------------------------------------------------------------- 2014 2017 2020 2025 2030 Counties -------------------------------------------------------------------------------------------------- RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG -------------------------------------------------------------------------------------------------------------------------------------------------------- Boone................................................ 2.53 2.00 2.09 1.53 1.58 1.19 1.23 0.86 0.87 Campbell............................................. 1.58 1.18 1.23 0.90 0.93 0.70 0.73 0.51 0.52 Kenton............................................... 2.39 2.10 2.21 1.61 1.66 1.25 1.29 0.90 0.92 -------------------------------------------------------------------------------------------------- [[Page 6499]] NKY Totals \13\.................................. 6.50 5.28 5.53 4.03 4.18 3.14 3.25 2.26 2.31 -------------------------------------------------------------------------------------------------- Emissions Increase........................... ......... 0.25 0.15 0.11 0.05 -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 2--On-Road NOX Emissions RFG vs. Non-RFG Tons per Summer Day [TSD] -------------------------------------------------------------------------------------------------------------------------------------------------------- 2014 2017 2020 2025 2030 Counties -------------------------------------------------------------------------------------------------- RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG -------------------------------------------------------------------------------------------------------------------------------------------------------- Boone................................................ 5.46 4.49 4.58 3.20 3.26 2.28 2.32 1.36 1.38 Campbell............................................. 3.41 2.55 2.60 1.82 1.86 1.30 1.32 0.77 0.78 Kenton............................................... 5.17 4.54 4.69 3.24 3.30 2.30 2.35 1.37 1.40 -------------------------------------------------------------------------------------------------- NKY Totals....................................... 14.04 11.58 11.87 8.26 8.42 5.88 5.99 3.50 3.56 -------------------------------------------------------------------------------------------------- Emissions Increase........................... ......... 0.29 0.16 0.11 0.06 -------------------------------------------------------------------------------------------------------------------------------------------------------- Tables 3 and 4, below, show the total projected emissions of VOC and NOX from all sectors in the Northern Kentucky portion of the Cincinnati-Hamilton OH-KY-IN 2008 8-hour Ozone Area. Kentucky's emissions inventory for its portion of the Area provides 2011 anthropogenic emissions data for NOX and VOC for the following general source categories: Point (Electric Generating Units and Non-Electric Generating Units and aircraft emissions),\14\ area, non-road mobile, and on-road mobile. All emissions information provided is based on the partial county boundaries, through the applicable census tracts, that comprise the Kentucky portion of the Area. Tables 3 and 4, below, provides a summary of the emissions inventory. --------------------------------------------------------------------------- \13\ The totals in the column may differ slightly from the submittal due to how the decimal places were truncated. \14\ The emissions inventories in Kentucky's submission identify aircraft emissions as a standalone category and refer to these emissions as ``air emissions'' for consistency with the inventories provided by Indiana and Ohio for their respective portions of the Area. Indiana Department of Environmental Management (IDEM) provided aircraft emissions data for Kentucky, and Kentucky included these emissions in Boone County where the Cincinnati/Northern Kentucky International Airport is located. EPA has included these emissions within the point source category per the AERR. --------------------------------------------------------------------------- Emissions reported for 2014 assume the use of RFG for Boone, Campbell, and Kenton Counties whereas emissions from 2017 through 2030 assume no RFG. Table 3--Total VOC Emissions Projections All Sectors Northern Kentucky Area [TSD] ---------------------------------------------------------------------------------------------------------------- VOC 2014 2017 2020 2025 2030 ---------------------------------------------------------------------------------------------------------------- BOONE: EGU.................................................. 0.16 0.16 0.16 0.16 0.16 Non-EGU.............................................. 1.57 1.57 1.57 1.57 1.57 Air.................................................. 0.42 0.44 0.45 0.26 0.06 Non-road............................................. * 1.30 ** 2.25 ** 2.06 ** 2.04 ** 2.01 Area................................................. 2.56 2.46 2.41 2.38 2.36 On-road.............................................. * 2.53 ** 2.09 ** 1.58 ** 1.23 ** 0.87 ------------------------------------------------------ Total............................................ 8.54 8.97 8.23 7.63 7.03 CAMPBELL: EGU.................................................. 0.00 0.00 0.00 0.00 0.00 Non-EGU.............................................. 0.22 0.22 0.22 0.22 0.21 Air.................................................. 0.00 0.00 0.00 0.00 0.00 Non-road............................................. * 0.34 ** 0.55 ** 0.50 ** 0.49 ** 0.48 Area................................................. 1.26 1.23 1.22 1.21 1.19 On-road.............................................. * 1.58 ** 1.23 ** .93 ** 0.73 ** 0.52 ------------------------------------------------------ Total............................................ 3.4 3.23 2.87 2.65 2.40 KENTON: EGU.................................................. 0.00 0.00 0.00 0.00 0.00 Non-EGU.............................................. 0.51 0.50 0.49 0.48 0.47 Air.................................................. 0.00 0.00 0.00 0.00 0.00 Non-road............................................. * 0.55 ** 1.01 ** 1.00 ** 1.05 ** 1.09 Area................................................. 2.43 2.35 2.31 2.28 2.25 [[Page 6500]] On-road.............................................. * 2.39 ** 2.21 ** 1.66 ** 1.29 ** 0.92 ------------------------------------------------------ Total............................................ 5.88 6.07 5.46 5.10 4.73 ------------------------------------------------------ NKY Total.................................... 17.82 18.27 16.56 15.38 14.16 ---------------------------------------------------------------------------------------------------------------- * With RFG. ** Without RFG. Table 4--Total NOX Emissions Projections All Sectors Northern Kentucky Area [TSD] ---------------------------------------------------------------------------------------------------------------- NOX 2014 2017 2020 2025 2030 ---------------------------------------------------------------------------------------------------------------- BOONE: EGU.................................................. 7.23 7.46 7.71 7.96 8.33 Non-EGU.............................................. 0.14 0.15 0.15 0.18 0.18 Air.................................................. 2.07 2.18 2.29 1.29 0.29 Non-road............................................. * 0.88 ** 1.60 ** 1.33 ** 1.17 ** 1.00 Area................................................. 0.43 0.43 0.43 0.44 0.44 On-road.............................................. * 5.46 ** 4.58 ** 3.26 ** 2.32 ** 1.38 ------------------------------------------------------ Total............................................ 16.21 16.40 15.17 13.35 11.62 CAMPBELL: EGU.................................................. 0.00 0.00 0.00 0.00 0.00 Non-EGU.............................................. 0.17 0.17 0.17 0.17 0.17 Air.................................................. 0.00 0.00 0.00 0.00 0.00 Non-road............................................. * 0.32 ** 0.53 ** 0.45 ** 0.40 ** 0.35 Area................................................. 0.49 0.49 0.49 0.49 0.49 On-road.............................................. * 3.41 ** 2.60 ** 1.86 ** 1.32 ** 0.78 ------------------------------------------------------ Total............................................ 4.39 3.79 2.97 2.38 1.79 KENTON: EGU.................................................. 0.00 0.00 0.00 0.00 0.00 Non-EGU.............................................. 0.01 0.01 0.01 0.01 0.01 Air.................................................. 0.00 0.00 0.00 0.00 0.00 Non-road............................................. * 0.64 ** 1.12 ** 0.93 ** 0.83 ** 0.73 Area................................................. 1.02 1.02 1.02 1.02 1.02 On-road.............................................. * 5.17 ** 4.69 ** 3.30 ** 2.35 ** 1.40 ------------------------------------------------------ Total............................................ 6.84 6.84 5.26 4.20 3.15 ------------------------------------------------------ NKY Total........................................ 27.44 27.03 23.40 19.93 16.56 ---------------------------------------------------------------------------------------------------------------- * With RFG. ** Without RFG. There were little to no changes in NOX and VOC emissions from the point source categories that would impact the RFG removal in the Northern Kentucky Area. The original point source categories inventory contains actual point source emissions data for facilities located within the nonattainment boundary for the Kentucky portion of the Area based on the Kentucky Emissions Inventory database.\15\ --------------------------------------------------------------------------- \15\ As discussed above, EPA has included aircraft emissions within the point source category per the AERR. --------------------------------------------------------------------------- Area sources are small emission stationary sources which, due to their large number, collectively have significant emissions (e.g., dry cleaners, service stations). The modeling results show a reduction in VOC emissions and little to no change in NOX emissions by removing RFG from these sources Non-road mobile sources include vehicles, engines, and equipment used for construction, agriculture, recreation, and other purposes that do not use roadways (e.g., lawn mowers, construction equipment, and railroad locomotives). Modeling results indicate there are slight VOC emissions increases from removing RFG. From 2017 to 2030, the VOC emissions increases fall within a range of 0.22 tsd to 0.24 tsd in the Northern Kentucky Area. The NOX emissions remain the same from 2017 to 2030 when RFG is removed. See Appendix E-2 of the submittal.\16\ --------------------------------------------------------------------------- \16\ Appendix E-2 of the September 13, 2017 submittal details the increases in non-road emissions with and without RFG. --------------------------------------------------------------------------- Overall, the modeling shows VOC emissions decrease from the 2014 attainment year to the 2030 ``out year'' by 3.66 tsd which is a 20.5 percent reduction. NOX emissions also decrease from the 2014 attainment year to the 2030 ``out year'' by 10.88 tsd which is a 39.7 percent NOX reduction without RFG in the Northern Kentucky portion of the Cincinnati-Hamilton OH-KY-IN Area 2008 8-hour Ozone Area. b. Noninterference Analysis for the Ozone NAAQS As a previous 1-hour ozone nonattainment area, Kentucky opted Boone, Campbell, and Kenton Counties into the federal RFG requirements for high ozone season gasoline to help bring the area into attainment for the 1-hour ozone NAAQS. This control measure [[Page 6501]] continues to apply in the Northern Kentucky Area because the Commonwealth did not, until now, petition for the removal of the federal RFG requirements. The RFG program has contributed toward lowering VOC and NOX emissions in the Northern Kentucky Area. Implementation of federal control measures such as Tier 3 Motor Vehicle Emissions and Fuel Standards,\17\ Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements,\18\ Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles-Phase 2,\19\ and Model Year 2017 and Later Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,\20\ along with fleet turnover, further reduced NOX and VOC emissions in the area. As a result, the Northern Kentucky Area was redesignated to attainment for the 1-hour ozone NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS. The Northern Kentucky Area is continuing to meet the 1-hour ozone NAAQS and the 1997 8-hour ozone NAAQS, even though these NAAQS have been revoked,\21\ as well as the 2008 8-hour ozone NAAQS, based on recent air quality monitoring data.\22\ The 2008 ozone NAAQS is met when the annual fourth-highest daily maximum 8-hour average concentration, averaged over 3 years is 0.075 ppm or less. The 2015 ozone NAAQS, as published in a final rule on October 26, 2015 (80 FR 65292), is met when the annual fourth-highest daily maximum 8-hour average concentration, averaged over 3 years is 0.070 ppm or less. The trend in monitoring levels for ozone for the Northern Kentucky portion of the Cincinnati-Hamilton OH-KY-IN Area is shown in Table 5, with the current monitoring levels for the Boone and Kenton County monitors for the period of 2014-2016 being 0.062 ppm and 0.070 ppm, respectively. --------------------------------------------------------------------------- \17\ 79 FR 23414. \18\ 66 FR 5002. \19\ 81 FR 73478. \20\ 77 FR 62624. \21\ 70 FR 44470 and 80 FR 12264, respectively. \22\ On May 4, 2016 (81 FR 26697), EPA determined the Cincinnati-Hamilton, OH-KY-IN Area attained the 2008 8-hr ozone NAAQS by the attainment date. Table 5--Monitoring Level Concentrations for the Northern Kentucky Area [ppm] -------------------------------------------------------------------------------------------------------------------------------------------------------- 4th Highest 8-hour ozone value (ppm) 3-Year 3-Year ---------------------------------------------------- design design values values Location Site ID (ppm) (ppm) 2013 2014 2015 2016 ------------------------- 2013-2015 2014-2016 -------------------------------------------------------------------------------------------------------------------------------------------------------- Boone, KY................................................. 21-015-0003 0.059 0.062 0.063 0.061 0.061 0.062 Campbell, KY.............................................. 21-037-3002 0.072 0.071 0.071 0.068 0.071 0.070 -------------------------------------------------------------------------------------------------------------------------------------------------------- EPA also evaluated the potential increase in the VOC and NOX precursor emissions and whether it is reasonable to conclude that the requested removal of the RFG requirements in Northern Kentucky during the high ozone season would cause the Area to violate any ozone NAAQS. Table 5 shows that there is an overall downward trend in ozone concentrations in the Northern Kentucky Area. This decline can be attributed to federal and state programs in addition to those mentioned above that have led to significant emissions reductions in ozone precursors, such as the federal interstate transport rule known as the Cross State Air Pollution Rule (CSAPR), federal standards in on- road and non-road mobile source sectors such as the Corporate Average Fuel Economy (CAF[Eacute]) standards (See 75 FR 25324), and Tier Motor Vehicle Emissions and Fuel Standards (79 FR 23414). Given the results of Kentucky's emissions analysis, the downward trend in precursor emissions, and the current ozone concentrations in the Northern Kentucky Area, EPA is proposing to find that removing reliance on RFG requirements in Boone, Campbell, and Kenton Counties will not interfere with Kentucky's ability to maintain the 2008 8-hour ozone NAAQS. c. Noninterference Analysis for the Carbon Monoxide NAAQS EPA initially established NAAQS for CO on April 30, 1971 (36 FR 8186). The standards were set at 9 ppm as an 8-hour average and 35 ppm as a 1-hour average, neither to be exceeded more than once per year. On November 6, 1971 (56 FR 56694), EPA designated areas for the 8-hour CO NAAQS. The Northern Kentucky counties of Boone, Campbell, and Kenton have never been designated nonattainment for any CO NAAQS. EPA retained the 1-hour and 8-hour CO NAAQS on August 31, 2011, and Kentucky has continued to maintain compliance with the NAAQS due to non-RFG federal control measures put in place. RFG requirements will have little to no impacts on CO emissions because, as mentioned earlier, the RFG program was developed to address emissions of the ozone precursors, NOX and VOC. As a result, EPA is proposing to find that removing reliance on RFG requirements in Boone, Campbell, and Kenton Counties will not interfere with Kentucky's ability to continue attaining the CO NAAQS. d. Noninterference Analysis for the Particulate Matter NAAQS The main precursor pollutants for PM2.5 are NOX , SO2 , VOC, and ammonia. As mentioned above, the federal RFG requirements result in emissions benefits for VOC, NOX and air toxics. Over the course of several years, EPA has reviewed and revised the PM2.5 NAAQS a number of times. On July 16, 1997, EPA established an annual PM2.5 NAAQS of 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average of annual mean PM2.5 concentrations, and a 24-hour PM2.5 NAAQS of 65 [mu]g/m\3\, based on a 3-year average of the 98th percentile of 24-hour concentrations. See 62 FR 36852 (July 18, 1997). On September 21, 2006, EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year average of the 98th percentile of 24-hour concentrations. See 71 FR 61144 (October 17, 2006). The 1997 Annual PM2.5 NAAQS has been revoked for all purposes effective October 24, 2016 (81 FR 58010). On December 14, 2012, EPA retained the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\ but revised the annual primary PM2.5 NAAQS to 12.0 [mu]g/m\3\, based again on a 3-year average of annual mean PM2.5 [[Page 6502]] concentrations. See 78 FR 3086 (January 15, 2013). The Northern Kentucky area was designated as unclassifiable/attainment on April 15, 2015 (80 FR 18535). PM2.5 levels across Kentucky declined from 1999 to 2016. In 2016, there were 19 PM2.5 monitors in Kentucky including one in Campbell County. The Campbell County PM2.5 monitor calculated a 3-weighted average design value of 8.9 [mu]g/m\3\. The largest sources of PM2.5 in Kentucky are from fires, agriculture, dust, fuel combustion, and industrial processes.\23\ Moreover, there have been a number of studies which have indicated that SO2 is the primary driver of PM2.5 formation in the Southeast.\24\ Opting out of the RFG requirements in the Area will have little to no impact on the precursor emissions as indicated by the decline in VOC and NOX emissions in Tables 3 and 4 above. --------------------------------------------------------------------------- \23\ https://www.epa.gov/air-emissions-inventories/air-emissions-sources. \24\ See, e.g., Quantifying the sources of ozone, fine particulate matter, and regional haze in the Southeastern United States, Journal of Environmental Engineering (June 24, 2009), available at: http://www.sciencedirect.com/science/article/pii/S0301479709001893?via%3Dihub. --------------------------------------------------------------------------- Based on this information and the current attainment status of the Cincinnati-Hamilton OH-KY-IN 2012 p.m.2.5 Area, EPA is proposing to find that removing reliance on RFG requirements in Boone, Campbell, and Kenton Counties will not interfere with Northern Kentucky's ability to maintain the 2012 PM2.5 NAAQS. e. Noninterference Analysis for the 2010 NO2 NAAQS On February 9, 2010 (75 FR 6474), EPA strengthen the NO2 standards. All of the counties in Kentucky were designated unclassifiable/attainment for the 2010 NO2 NAAQS on February 17, 2012 (77 FR 9532). There are both primary and secondary standards for NO2 . The primary NAAQS is an annual arithmetic mean that must not exceed 53 parts per billion (ppb). A 3-year average of the 98th percentile of daily maximum 1-hr averages must not exceed 100 ppb. The secondary standard is an annual arithmetic mean that must not exceed 53 ppb. In 2016, Kentucky operated seven NO2 monitors, including one in Campbell County. The 2014-2016 1-hr average design value for the Campbell County NO2 monitor is 30 ppb, with an annual mean of 2.31 ppb. Both of these values are significantly below the respective standards of 100 ppb and 53 ppb. Based on the technical analysis in Kentucky's September 13, 2017, noninterference demonstration, as shown in Table 4, there is a reduction in NOX emissions from the 2014 attainment year to the 2030 ``out year'' from 27.44 tsd to 16.56 tsd which is a 39.7 percent reduction overall. Based on the amount of NOX reductions, the use of pollution control devices on power plants, industrial boilers, fleet turnover, and other federal control measures for motor vehicles, EPA is proposing to find that removing reliance on RFG requirements in Boone, Campbell and Kenton Counties will not interfere with Kentucky's ability to continue attaining the 2010 NO2 NAAQS in the Northern Kentucky Area. f. Noninterference Analysis for the SO2 NAAQS On June 22, 2010 (75 FR 35520), EPA revised the SO2 standard. There are both primary and secondary standards for SO2 . The primary SO2 NAAQS is a 3-year average of the 99th percentile of the daily maximum 1-hour concentration not to exceed 75 ppb. The secondary standard is a 3-hour concentration not to exceed 0.5 ppm more than once per year. In 2016, Kentucky operated 12 SO2 monitors, including one in Campbell County. The Campbell County SO2 monitor has a 2014-2016 design value of 30 ppb for the 1-hour SO2 NAAQS. Based on the monitoring/modeling data, EPA is proposing to find that removing reliance on RFG requirements in Boone, Campbell, and Kenton Counties will not interfere with Kentucky's ability to maintain the SO2 NAAQS. VI. Proposed Action EPA is proposing to approve Kentucky's revision to its maintenance plan and corresponding noninterference demonstration, submitted on September 13, 2017, in support of Kentucky's separate petition to opt- out of the federal RFG requirements for Boone, Campbell, and Kenton Counties. Specifically, EPA is proposing to find that this change in removing reliance on the federal RFG requirements for Boone, Campbell, and Kenton Counties will not interfere with attainment or maintenance of the NAAQS or with any other applicable requirement of the CAA. Kentucky's September 13, 2017, SIP revision updates its maintenance plan and the associated MVEBs related to Kentucky's redesignation request for the Kentucky portion of the 2008 Cincinnati-Hamilton OH-IN- KY 8-hour Ozone Area to reflect emissions changes for opting out of the federal RFG requirements. EPA is proposing to approve the changes to update the 2008 maintenance plan and associated 2020 and 2030 MVEBs. The same criteria used to develop the MVEBs in the original SIP are used for this SIP revision. See Table 6 below. Table 6--Updated MVEBs for the Kentucky Portion of Cincinnati-Hamilton, OH-KY-IN Area [TSD] ---------------------------------------------------------------------------------------------------------------- 2020 2030 --------------------------------------------------------------- NOX VOC NOX VOC ---------------------------------------------------------------------------------------------------------------- On-Road Emissions............................... 8.42 4.17 3.56 2.31 Safety Margin................................... .61 .19 1.63 .55 MVEBs with Safety Margin........................ 9.03 4.36 5.19 2.86 ---------------------------------------------------------------------------------------------------------------- EPA has preliminarily determined that Kentucky's September 13, 2017, SIP revision is consistent with the applicable provisions of the CAA, including section 110(l). In this action, EPA is not proposing to act on the Commonwealth's opt-out petition to the EPA Administrator to remove the federal RFG requirement for Boone, Campbell, and Kenton Counties. Any decision by the Administrator on the opt-out petition would occur in a separate action. VII. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, [[Page 6503]] EPA's role is to approve state choices, provided that they meet the criteria of the CAA. This action merely proposes to approve changes to the Commonwealth's maintenance plan emissions inventory and associated MVEBs to remove reliance on emissions reductions from the federal RFG program requirements. For that reason, this proposed action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rulemaking does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: February 6, 2018. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. [FR Doc. 2018-03078 Filed 2-13-18; 8:45 am] BILLING CODE 6560-50-P
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tribe has jurisdiction. In those areas of this SIP revision and the corresponding proposing to approve Kentucky’s
Indian country, the proposed rule does non-interference demonstration because changes to the maintenance plan mobile
not have tribal implications and will not EPA has preliminarily determined that emissions inventory and the associated
impose substantial direct costs on tribal the revision is consistent with the MVEBs related to its redesignation
governments or preempt tribal law as applicable provisions of the CAA. request for the Kentucky portion of the
specified by Executive Order 13175 (65 DATES: Comments must be received on Cincinnati-Hamilton 2008 8-hour ozone
FR 67249, November 9, 2000). or before March 7, 2018. maintenance area to reflect removal of
ADDRESSES: Submit your comments, reliance on federal RFG requirements.
List of Subjects in 40 CFR Part 52
identified by Docket ID No. EPA–R04– As part of this proposed approval, EPA
Environmental protection, Air OAR–2017–0389 at http:// is also proposing to find that the
pollution control, Incorporation by www.regulations.gov. Follow the online Commonwealth has demonstrated that
reference, Particulate matter. instructions for submitting comments. removing the federal RFG requirements
Authority: 42 U.S.C. 7401 et seq. Once submitted, comments cannot be in Boone, Campbell, and Kenton
edited or removed from Regulations.gov. Counties will not interfere with
Dated: February 7, 2018.
EPA may publish any comment received attainment or maintenance of any
Anne Idsal,
to its public docket. Do not submit national ambient air quality standards
Regional Administrator, Region 6. (NAAQS or standard) or with any other
electronically any information you
[FR Doc. 2018–02894 Filed 2–13–18; 8:45 am] applicable requirement of the CAA.
consider to be Confidential Business
BILLING CODE 6560–50–P
Information (CBI) or other information On August 26, 2016, Kentucky
whose disclosure is restricted by statute. submitted a 2008 8-hour ozone
ENVIRONMENTAL PROTECTION Multimedia submissions (audio, video, redesignation request and maintenance
AGENCY etc.) must be accompanied by a written plan for the Cincinnati-Hamilton Area,
comment. The written comment is which EPA approved on July 5, 2017 (82
40 CFR Part 52 considered the official comment and FR 30976).2 With its redesignation
should include discussion of all points request, Kentucky included a
[EPA–R04–OAR–2017–0389; FRL–9974– you wish to make. EPA will generally maintenance demonstration plan that
45—Region 4]
not consider comments or comment estimates emissions through 2030 that
Air Plan Approval; KY: Removal of contents located outside of the primary modeled RFG because Kentucky
Reliance on Reformulated Gasoline in submission (i.e. on the web, cloud, or previously opted into the RFG program.
the Kentucky Portion of the Cincinnati- other file sharing system). For However, through this SIP revision,
Hamilton Area additional submission methods, the full KDAQ is updating the mobile (on-road
EPA public comment policy, and non-road) emissions inventory for
AGENCY: Environmental Protection information about CBI or multimedia that maintenance plan (including the
Agency (EPA). submissions, and general guidance on MVEBs) to reflect Kentucky’s petition to
ACTION: Proposed rule. making effective comments, please visit opt-out of the RFG requirements for
http://www2.epa.gov/dockets/ Boone, Campbell, and Kenton counties
SUMMARY: The Environmental Protection commenting-epa-dockets. in the Northern Kentucky Area. The
Agency (EPA) is proposing to approve a FOR FURTHER INFORMATION CONTACT: updates are summarized in Kentucky’s
State Implementation Plan (SIP) Dianna Myers, Air Regulatory submittal.
revision submitted on September 13, Management Section, Air Planning and In support of the September 13, 2017,
2017, by the Commonwealth of Implementation Branch, Air, Pesticides SIP revision, Kentucky has evaluated
Kentucky, through the Kentucky and Toxics Management Division, U.S. whether removing reliance on the
Division for Air Quality (KDAQ) in Environmental Protection Agency, federal RFG requirements would
support of the Commonwealth’s Region 4, 61 Forsyth Street SW, Atlanta, interfere with air quality in the Area. To
separate petition requesting that EPA Georgia 30303–8960. Ms. Myers can be make this demonstration of
remove the federal reformulated reached via telephone at (404) 562–9207 noninterference, Kentucky completed a
gasoline (RFG) requirements for Boone, or via electronic mail at Myers.Dianna@ technical analysis, including modeling,
Campbell, and Kenton counties in the epa.gov. to estimate the change in emissions that
Kentucky portion of the Cincinnati- SUPPLEMENTARY INFORMATION: would result from removing RFG from
Hamilton, Ohio-Kentucky-Indiana 2008
Boone, Campbell, and Kenton Counties
8-hr ozone maintenance area I. What action is being proposed?
in the Northern Kentucky Area.
(hereinafter referred to as the ‘‘Northern This rulemaking proposes to approve
Kentucky Area’’ or ‘‘Area’’). The SIP In the noninterference demonstration,
Kentucky’s September 13, 2017, SIP
revision revises the Commonwealth’s Kentucky used EPA’s Motor Vehicle
revision in support of Kentucky’s
maintenance plan emissions inventory Emissions Simulator (MOVES) to
petition to opt-out of the federal RFG
and associated motor vehicle emissions develop its projected emissions
requirements in Boone, Campbell, and
budgets (MVEBs) to remove reliance on inventory according to EPA’s guidance
Kenton Counties.1 Specifically, EPA is
emissions reductions from the federal for on-road mobile sources using
RFG program requirements; a program 1 Pursuant to 40 CFR 80.72(b), the Governor must
that the Commonwealth voluntarily submit a petition to the EPA Administrator revision. The decision on whether to grant the opt-
daltland on DSKBBV9HB2PROD with PROPOSALS
opted into in 1995. The SIP revision requesting removal of any opt-in areas from the out petition pursuant to 40 CFR 80.72(b) is at the
federal RFG program. The petition must include discretion of the Administrator and will be made
also includes a non-interference certain specified information and any additional through a separate action.
demonstration evaluating whether information requested by the Administrator. As 2 The Cincinnati-Hamilton, OH-KY-IN Area is
removing reliance on the RFG fully described in section III below, if RFG is relied composed of portions of Boone, Campbell, and
requirements in the Northern Kentucky upon as a control measure in any approved SIP or Kenton Counties in Kentucky; Butler, Clermont,
plan revision, the federal RFG program opt-out Clinton, Hamilton and Warren Counties in Ohio;
Area would interfere with the regulations require that a SIP revision must be and a portion of Dearborn County in Indiana. This
requirements of the Clean Air Act (CAA submitted. Kentucky’s maintenance plan relied action only pertains to the Kentucky portion of the
or Act). EPA is proposing to approve upon RFG; as a result, Kentucky submitted this SIP maintenance area.
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intending to submit a revision to an in section 171), or any other applicable ability to attain or maintain the 2008
approved or pending plan that does not requirement of the Act. Kentucky ozone NAAQS and any other NAAQS in
use RFG as a control measure, and a submitted a non-interference the Kentucky Area.9 Kentucky’s
description of alternative air quality demonstration with this SIP revision noninterference analysis also evaluated
measures, if any, that will replace the and EPA is proposing to find that the the impact of the removal of RFG on the
use of RFG; a description of the current analysis demonstrates noninterference Area’s ability to attain or maintain the
status of any proposed revision to an based on an evaluation of current air ozone, particulate matter (PM),10
approved or pending plan that uses quality monitoring data and the nitrogen dioxide (NO2), sulfur dioxide
RFG; and a projected schedule for the information provided in the (SO2), and carbon monoxide (CO)
plan revision submission. See 40 CFR noninterference demonstration. NAAQS.
80.72(b)(3) and (b)(4). EPA evaluates each section 110(l)
noninterference demonstration on a KDAQ’s noninterference analysis
On April 18, 2017, Kentucky
case-by-case basis considering the utilized EPA’s MOVES2014a emission
submitted a petition to the EPA
circumstances of each SIP revision. EPA modeling system to estimate emissions
Administrator requesting to opt-out of
interprets section 110(l) as applying to for years 2017, 2020, and 2030 for on-
the federal RFG program in the Northern
all NAAQS that are in effect, including road and non-road mobile sources. See
Kentucky Area and as stated above, this
those that have been promulgated but Appendix E–1 and E–2 of the September
SIP revision is submitted in support of
for which EPA has not yet made 13, 2017, submittal for detailed
that petition (particularly the
designations. The degree of analysis modeling protocol.11 The
requirements of 40 CFR 80.72(b)(3) and
focused on any particular NAAQS in a NONROAD2008 model within
(b)(4)).8 Kentucky’s opt-out petition will
noninterference demonstration varies MOVES2014a was used to model the
be acted on by the Administrator in a
depending on the nature of the non-road sources. These mobile source
separate action, and if approved in that
emissions associated with the proposed emissions are used as part of the
separate action, will establish the
SIP revision. EPA’s section 110(l) evaluation of the potential impacts to
effective date of the opt-out, which
analysis of the noninterference the NAAQS that might result
cannot be less than 90 days from the
demonstration included as part of exclusively from removing the RFG
effective date of the approval of the SIP
Kentucky’s September 13, 2017, SIP requirements. NOX and VOC emissions
revision that is the subject of today’s
revision is provided below. were calculated for a typical summer
proposal. EPA will also publish a notice
July day.
in the Federal Register to notify the V. What is EPA’s analysis of Kentucky’s
public of the effective date of any opt- submittal? As summarized in Tables 1 and 2,
out approval. below, the MOVES model projects small
a. Overall Preliminary Conclusions increases in on-road mobile source VOC
IV. What are the section 110(l) Regarding Kentucky’s Noninterference and NOX emissions in the Northern
requirements? Analyses Kentucky portion of the Cincinnati-
The modeling associated with The RFG program is designed to Hamilton OH-IN-KY 2008 8-hour Ozone
KDAQ’s maintenance plan for the 2008 reduce ozone levels and air toxics in Area from removing the federal RFG
8-hour ozone NAAQS is premised upon areas that are required to or volunteered requirements. On-road mobile sources
the future-year emissions estimates for to adopt the program. RFG gasoline include vehicles used on roads for
2017, 2020, and 2030, which are based reduces motor vehicle emissions of the transportation of passengers or freight.
on the RFG requirement. To support ozone precursors, NOX and VOC Daily on-road mobile VOC emissions are
Kentucky’s requested SIP revision to (mainly VOC), through fuel projected to increase by 0.25 ton in 2017
remove the maintenance plan’s reliance reformulation. On September 13, 2017, down to 0.05 ton in 2030 during the
on the federal RFG requirements in KDAQ submitted a SIP revision along high ozone season.12 Daily on-road NOX
Boone, Campbell, and Kenton Counties, with a corresponding noninterference emissions are projected to increase by
the Commonwealth must demonstrate demonstration to support Kentucky’s 0.29 ton in 2017 down to 0.06 ton in
that the requested change will satisfy separate petition to opt-out of the RFG 2030. The modeling shows an overall
section 110(l) of the CAA. Section 110(l) requirements for Boone, Campbell, and downward trend in on-road emissions
requires that a revision to the SIP not Kenton Counties. This noninterference from removing RFG from the area. Daily
interfere with any applicable demonstration includes an evaluation of VOC emissions decrease by 64.5 percent
requirement concerning attainment and the impact that removing RFG from and daily NOX emissions decrease by
reasonable further progress (as defined these counties would have on the Area’s 74.6 percent.
TABLE 1—ON-ROAD VOC EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY
[TSD]
2014 2017 2020 2025 2030
Counties
RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG
Boone ........................................... 2.53 2.00 2.09 1.53 1.58 1.19 1.23 0.86 0.87
Campbell ...................................... 1.58 1.18 1.23 0.90 0.93 0.70 0.73 0.51 0.52
daltland on DSKBBV9HB2PROD with PROPOSALS
Kenton .......................................... 2.39 2.10 2.21 1.61 1.66 1.25 1.29 0.90 0.92
8 A copy of the opt-out petition is included in the have an impact on actual or modeled lead 11 The modeling results and original emissions
docket. emissions. inventories for the 2008 8-hr Redesignation Request
9 The six NAAQS for which EPA establishes 10 PM is composed of PM
2.5 and PM10.
and Maintenance Plan is included in the docket.
health and welfare based standards are CO, lead, 12 High ozone season begins June 1st and ends
NO2, ozone, PM, and SO2. RFG requirements do not September 15th of each year.
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TABLE 1—ON-ROAD VOC EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY—Continued
[TSD]
2014 2017 2020 2025 2030
Counties
RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG
NKY Totals 13 ........................ 6.50 5.28 5.53 4.03 4.18 3.14 3.25 2.26 2.31
Emissions Increase ........ ................ 0.25 0.15 0.11 0.05
TABLE 2—ON-ROAD NOX EMISSIONS RFG VS. NON-RFG TONS PER SUMMER DAY
[TSD]
2014 2017 2020 2025 2030
Counties
RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG RFG Non-RFG
Boone ........................................... 5.46 4.49 4.58 3.20 3.26 2.28 2.32 1.36 1.38
Campbell ...................................... 3.41 2.55 2.60 1.82 1.86 1.30 1.32 0.77 0.78
Kenton .......................................... 5.17 4.54 4.69 3.24 3.30 2.30 2.35 1.37 1.40
NKY Totals ............................ 14.04 11.58 11.87 8.26 8.42 5.88 5.99 3.50 3.56
Emissions Increase ........ ................ 0.29 0.16 0.11 0.06
Tables 3 and 4, below, show the total source categories: Point (Electric 3 and 4, below, provides a summary of
projected emissions of VOC and NOX Generating Units and Non-Electric the emissions inventory.
from all sectors in the Northern Generating Units and aircraft Emissions reported for 2014 assume
Kentucky portion of the Cincinnati- emissions),14 area, non-road mobile, and the use of RFG for Boone, Campbell, and
Hamilton OH-KY-IN 2008 8-hour Ozone on-road mobile. All emissions Kenton Counties whereas emissions
Area. Kentucky’s emissions inventory information provided is based on the
from 2017 through 2030 assume no
for its portion of the Area provides 2011 partial county boundaries, through the
RFG.
anthropogenic emissions data for NOX applicable census tracts, that comprise
and VOC for the following general the Kentucky portion of the Area. Tables
TABLE 3—TOTAL VOC EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA
[TSD]
VOC 2014 2017 2020 2025 2030
BOONE:
EGU ...................................................................................................................... 0.16 0.16 0.16 0.16 0.16
Non-EGU .............................................................................................................. 1.57 1.57 1.57 1.57 1.57
Air .......................................................................................................................... 0.42 0.44 0.45 0.26 0.06
Non-road ............................................................................................................... * 1.30 ** 2.25 ** 2.06 ** 2.04 ** 2.01
Area ...................................................................................................................... 2.56 2.46 2.41 2.38 2.36
On-road ................................................................................................................. * 2.53 ** 2.09 ** 1.58 ** 1.23 ** 0.87
Total ............................................................................................................... 8.54 8.97 8.23 7.63 7.03
CAMPBELL:
EGU ...................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-EGU .............................................................................................................. 0.22 0.22 0.22 0.22 0.21
Air .......................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-road ............................................................................................................... * 0.34 ** 0.55 ** 0.50 ** 0.49 ** 0.48
Area ...................................................................................................................... 1.26 1.23 1.22 1.21 1.19
On-road ................................................................................................................. * 1.58 ** 1.23 ** .93 ** 0.73 ** 0.52
Total ............................................................................................................... 3.4 3.23 2.87 2.65 2.40
KENTON:
EGU ...................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-EGU .............................................................................................................. 0.51 0.50 0.49 0.48 0.47
Air .......................................................................................................................... 0.00 0.00 0.00 0.00 0.00
daltland on DSKBBV9HB2PROD with PROPOSALS
Non-road ............................................................................................................... * 0.55 ** 1.01 ** 1.00 ** 1.05 ** 1.09
Area ...................................................................................................................... 2.43 2.35 2.31 2.28 2.25
13 The totals in the column may differ slightly standalone category and refer to these emissions as included these emissions in Boone County where
from the submittal due to how the decimal places ‘‘air emissions’’ for consistency with the inventories the Cincinnati/Northern Kentucky International
were truncated. provided by Indiana and Ohio for their respective Airport is located. EPA has included these
14 The emissions inventories in Kentucky’s portions of the Area. Indiana Department of emissions within the point source category per the
Environmental Management (IDEM) provided
submission identify aircraft emissions as a AERR.
aircraft emissions data for Kentucky, and Kentucky
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TABLE 3—TOTAL VOC EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA—Continued
[TSD]
VOC 2014 2017 2020 2025 2030
On-road ................................................................................................................. * 2.39 ** 2.21 ** 1.66 ** 1.29 ** 0.92
Total ............................................................................................................... 5.88 6.07 5.46 5.10 4.73
NKY Total ............................................................................................... 17.82 18.27 16.56 15.38 14.16
* With RFG.
** Without RFG.
TABLE 4—TOTAL NOX EMISSIONS PROJECTIONS ALL SECTORS NORTHERN KENTUCKY AREA
[TSD]
NOX 2014 2017 2020 2025 2030
BOONE:
EGU ...................................................................................................................... 7.23 7.46 7.71 7.96 8.33
Non-EGU .............................................................................................................. 0.14 0.15 0.15 0.18 0.18
Air .......................................................................................................................... 2.07 2.18 2.29 1.29 0.29
Non-road ............................................................................................................... * 0.88 ** 1.60 ** 1.33 ** 1.17 ** 1.00
Area ...................................................................................................................... 0.43 0.43 0.43 0.44 0.44
On-road ................................................................................................................. * 5.46 ** 4.58 ** 3.26 ** 2.32 ** 1.38
Total ............................................................................................................... 16.21 16.40 15.17 13.35 11.62
CAMPBELL:
EGU ...................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-EGU .............................................................................................................. 0.17 0.17 0.17 0.17 0.17
Air .......................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-road ............................................................................................................... * 0.32 ** 0.53 ** 0.45 ** 0.40 ** 0.35
Area ...................................................................................................................... 0.49 0.49 0.49 0.49 0.49
On-road ................................................................................................................. * 3.41 ** 2.60 ** 1.86 ** 1.32 ** 0.78
Total ............................................................................................................... 4.39 3.79 2.97 2.38 1.79
KENTON:
EGU ...................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-EGU .............................................................................................................. 0.01 0.01 0.01 0.01 0.01
Air .......................................................................................................................... 0.00 0.00 0.00 0.00 0.00
Non-road ............................................................................................................... * 0.64 ** 1.12 ** 0.93 ** 0.83 ** 0.73
Area ...................................................................................................................... 1.02 1.02 1.02 1.02 1.02
On-road ................................................................................................................. * 5.17 ** 4.69 ** 3.30 ** 2.35 ** 1.40
Total ............................................................................................................... 6.84 6.84 5.26 4.20 3.15
NKY Total ...................................................................................................... 27.44 27.03 23.40 19.93 16.56
* With RFG.
** Without RFG.
There were little to no changes in little to no change in NOX emissions by Overall, the modeling shows VOC
NOX and VOC emissions from the point removing RFG from these sources emissions decrease from the 2014
source categories that would impact the Non-road mobile sources include attainment year to the 2030 ‘‘out year’’
RFG removal in the Northern Kentucky vehicles, engines, and equipment used by 3.66 tsd which is a 20.5 percent
Area. The original point source for construction, agriculture, recreation, reduction. NOX emissions also decrease
categories inventory contains actual and other purposes that do not use from the 2014 attainment year to the
point source emissions data for facilities roadways (e.g., lawn mowers, 2030 ‘‘out year’’ by 10.88 tsd which is
located within the nonattainment construction equipment, and railroad a 39.7 percent NOX reduction without
boundary for the Kentucky portion of locomotives). Modeling results indicate RFG in the Northern Kentucky portion
the Area based on the Kentucky there are slight VOC emissions increases of the Cincinnati-Hamilton OH-KY-IN
Emissions Inventory database.15 from removing RFG. From 2017 to 2030, Area 2008 8-hour Ozone Area.
Area sources are small emission the VOC emissions increases fall within b. Noninterference Analysis for the
stationary sources which, due to their a range of 0.22 tsd to 0.24 tsd in the
daltland on DSKBBV9HB2PROD with PROPOSALS
Ozone NAAQS
large number, collectively have Northern Kentucky Area. The NOX
significant emissions (e.g., dry cleaners, emissions remain the same from 2017 to As a previous 1-hour ozone
service stations). The modeling results 2030 when RFG is removed. See nonattainment area, Kentucky opted
show a reduction in VOC emissions and Appendix E–2 of the submittal.16 Boone, Campbell, and Kenton Counties
into the federal RFG requirements for
15 As discussed above, EPA has included aircraft 16 Appendix E–2 of the September 13, 2017 high ozone season gasoline to help bring
emissions within the point source category per the submittal details the increases in non-road the area into attainment for the 1-hour
AERR. emissions with and without RFG. ozone NAAQS. This control measure
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6501
continues to apply in the Northern Light-Duty Vehicle Greenhouse Gas the annual fourth-highest daily
Kentucky Area because the Emissions and Corporate Average Fuel maximum 8-hour average concentration,
Commonwealth did not, until now, Economy Standards,20 along with fleet averaged over 3 years is 0.075 ppm or
petition for the removal of the federal turnover, further reduced NOX and VOC less. The 2015 ozone NAAQS, as
RFG requirements. The RFG program emissions in the area. As a result, the published in a final rule on October 26,
has contributed toward lowering VOC Northern Kentucky Area was 2015 (80 FR 65292), is met when the
and NOX emissions in the Northern redesignated to attainment for the 1- annual fourth-highest daily maximum 8-
Kentucky Area. Implementation of hour ozone NAAQS, the 1997 8-hour hour average concentration, averaged
federal control measures such as Tier 3 ozone NAAQS, and the 2008 8-hour over 3 years is 0.070 ppm or less. The
Motor Vehicle Emissions and Fuel ozone NAAQS. The Northern Kentucky trend in monitoring levels for ozone for
Standards,17 Heavy-Duty Engine and Area is continuing to meet the 1-hour the Northern Kentucky portion of the
Vehicle Standards and Highway Diesel ozone NAAQS and the 1997 8-hour Cincinnati-Hamilton OH-KY-IN Area is
Fuel Sulfur Control Requirements,18 ozone NAAQS, even though these shown in Table 5, with the current
Greenhouse Gas Emissions and Fuel NAAQS have been revoked,21 as well as monitoring levels for the Boone and
Efficiency Standards for Medium and the 2008 8-hour ozone NAAQS, based Kenton County monitors for the period
Heavy-Duty Engines and Vehicles-Phase on recent air quality monitoring data.22 of 2014–2016 being 0.062 ppm and
2,19 and Model Year 2017 and Later The 2008 ozone NAAQS is met when 0.070 ppm, respectively.
TABLE 5—MONITORING LEVEL CONCENTRATIONS FOR THE NORTHERN KENTUCKY AREA
[ppm]
4th Highest 8-hour ozone value 3-Year 3-Year
(ppm) design design
values values
Location Site ID (ppm) (ppm)
2013 2014 2015 2016
2013–2015 2014–2016
Boone, KY ............................................ 21–015–0003 0.059 0.062 0.063 0.061 0.061 0.062
Campbell, KY ....................................... 21–037–3002 0.072 0.071 0.071 0.068 0.071 0.070
EPA also evaluated the potential c. Noninterference Analysis for the d. Noninterference Analysis for the
increase in the VOC and NOX precursor Carbon Monoxide NAAQS Particulate Matter NAAQS
emissions and whether it is reasonable The main precursor pollutants for
to conclude that the requested removal EPA initially established NAAQS for
PM2.5 are NOX, SO2, VOC, and
of the RFG requirements in Northern CO on April 30, 1971 (36 FR 8186). The
ammonia. As mentioned above, the
Kentucky during the high ozone season standards were set at 9 ppm as an 8- federal RFG requirements result in
would cause the Area to violate any hour average and 35 ppm as a 1-hour emissions benefits for VOC, NOX and air
ozone NAAQS. Table 5 shows that there average, neither to be exceeded more toxics. Over the course of several years,
is an overall downward trend in ozone than once per year. On November 6, EPA has reviewed and revised the PM2.5
concentrations in the Northern 1971 (56 FR 56694), EPA designated NAAQS a number of times. On July 16,
Kentucky Area. This decline can be areas for the 8-hour CO NAAQS. The 1997, EPA established an annual PM2.5
attributed to federal and state programs Northern Kentucky counties of Boone, NAAQS of 15.0 micrograms per cubic
in addition to those mentioned above Campbell, and Kenton have never been meter (mg/m3), based on a 3-year average
that have led to significant emissions designated nonattainment for any CO of annual mean PM2.5 concentrations,
reductions in ozone precursors, such as NAAQS. EPA retained the 1-hour and 8- and a 24-hour PM2.5 NAAQS of 65 mg/
the federal interstate transport rule hour CO NAAQS on August 31, 2011, m3, based on a 3-year average of the
known as the Cross State Air Pollution and Kentucky has continued to 98th percentile of 24-hour
Rule (CSAPR), federal standards in on- maintain compliance with the NAAQS concentrations. See 62 FR 36852 (July
road and non-road mobile source sectors due to non-RFG federal control 18, 1997). On September 21, 2006, EPA
such as the Corporate Average Fuel measures put in place. RFG retained the 1997 Annual PM2.5 NAAQS
Economy (CAFÉ) standards (See 75 FR requirements will have little to no of 15.0 mg/m3 but revised the 24-hour
25324), and Tier Motor Vehicle PM2.5 NAAQS to 35 mg/m3, based again
impacts on CO emissions because, as
Emissions and Fuel Standards (79 FR on a 3-year average of the 98th
mentioned earlier, the RFG program was
23414). Given the results of Kentucky’s percentile of 24-hour concentrations.
emissions analysis, the downward trend developed to address emissions of the
See 71 FR 61144 (October 17, 2006). The
in precursor emissions, and the current ozone precursors, NOX and VOC. As a
1997 Annual PM2.5 NAAQS has been
ozone concentrations in the Northern result, EPA is proposing to find that revoked for all purposes effective
Kentucky Area, EPA is proposing to find removing reliance on RFG requirements October 24, 2016 (81 FR 58010). On
that removing reliance on RFG in Boone, Campbell, and Kenton December 14, 2012, EPA retained the
Counties will not interfere with
daltland on DSKBBV9HB2PROD with PROPOSALS
requirements in Boone, Campbell, and 2006 24-hour PM2.5 NAAQS of 35 mg/m3
Kenton Counties will not interfere with Kentucky’s ability to continue attaining but revised the annual primary PM2.5
Kentucky’s ability to maintain the 2008 the CO NAAQS. NAAQS to 12.0 mg/m3, based again on
8-hour ozone NAAQS. a 3-year average of annual mean PM2.5
17 79 FR 23414. 20 77 FR 62624. 22 On May 4, 2016 (81 FR 26697), EPA
18 66 FR 5002. 21 70 FR 44470 and 80 FR 12264, respectively. determined the Cincinnati-Hamilton, OH-KY-IN
19 81 FR 73478. Area attained the 2008 8-hr ozone NAAQS by the
attainment date.
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![6502 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules
concentrations. See 78 FR 3086 (January 53 parts per billion (ppb). A 3-year year. In 2016, Kentucky operated 12 SO2
15, 2013). The Northern Kentucky area average of the 98th percentile of daily monitors, including one in Campbell
was designated as unclassifiable/ maximum 1-hr averages must not County. The Campbell County SO2
attainment on April 15, 2015 (80 FR exceed 100 ppb. The secondary monitor has a 2014–2016 design value
18535). standard is an annual arithmetic mean of 30 ppb for the 1-hour SO2 NAAQS.
PM2.5 levels across Kentucky declined that must not exceed 53 ppb. In 2016, Based on the monitoring/modeling
from 1999 to 2016. In 2016, there were Kentucky operated seven NO2 monitors, data, EPA is proposing to find that
19 PM2.5 monitors in Kentucky including one in Campbell County. The removing reliance on RFG requirements
including one in Campbell County. The 2014–2016 1-hr average design value for in Boone, Campbell, and Kenton
Campbell County PM2.5 monitor the Campbell County NO2 monitor is 30 Counties will not interfere with
calculated a 3-weighted average design ppb, with an annual mean of 2.31 ppb. Kentucky’s ability to maintain the SO2
value of 8.9 mg/m3. The largest sources Both of these values are significantly NAAQS.
of PM2.5 in Kentucky are from fires, below the respective standards of 100
VI. Proposed Action
agriculture, dust, fuel combustion, and ppb and 53 ppb. Based on the technical
industrial processes.23 Moreover, there analysis in Kentucky’s September 13, EPA is proposing to approve
have been a number of studies which 2017, noninterference demonstration, as Kentucky’s revision to its maintenance
have indicated that SO2 is the primary shown in Table 4, there is a reduction plan and corresponding noninterference
driver of PM2.5 formation in the in NOX emissions from the 2014 demonstration, submitted on September
Southeast.24 Opting out of the RFG attainment year to the 2030 ‘‘out year’’ 13, 2017, in support of Kentucky’s
requirements in the Area will have little from 27.44 tsd to 16.56 tsd which is a separate petition to opt-out of the
to no impact on the precursor emissions 39.7 percent reduction overall. federal RFG requirements for Boone,
as indicated by the decline in VOC and Based on the amount of NOX Campbell, and Kenton Counties.
NOX emissions in Tables 3 and 4 above. reductions, the use of pollution control Specifically, EPA is proposing to find
Based on this information and the devices on power plants, industrial that this change in removing reliance on
current attainment status of the boilers, fleet turnover, and other federal the federal RFG requirements for Boone,
Cincinnati-Hamilton OH-KY-IN 2012 control measures for motor vehicles, Campbell, and Kenton Counties will not
p.m.2.5 Area, EPA is proposing to find EPA is proposing to find that removing interfere with attainment or
that removing reliance on RFG reliance on RFG requirements in Boone, maintenance of the NAAQS or with any
requirements in Boone, Campbell, and Campbell and Kenton Counties will not other applicable requirement of the
Kenton Counties will not interfere with interfere with Kentucky’s ability to CAA. Kentucky’s September 13, 2017,
Northern Kentucky’s ability to maintain continue attaining the 2010 NO2 SIP revision updates its maintenance
the 2012 PM2.5 NAAQS. NAAQS in the Northern Kentucky Area. plan and the associated MVEBs related
to Kentucky’s redesignation request for
e. Noninterference Analysis for the 2010 f. Noninterference Analysis for the SO2 the Kentucky portion of the 2008
NO2 NAAQS NAAQS Cincinnati-Hamilton OH-IN-KY 8-hour
On February 9, 2010 (75 FR 6474), On June 22, 2010 (75 FR 35520), EPA Ozone Area to reflect emissions changes
EPA strengthen the NO2 standards. All revised the SO2 standard. There are both for opting out of the federal RFG
of the counties in Kentucky were primary and secondary standards for requirements. EPA is proposing to
designated unclassifiable/attainment for SO2. The primary SO2 NAAQS is a 3- approve the changes to update the 2008
the 2010 NO2 NAAQS on February 17, year average of the 99th percentile of the maintenance plan and associated 2020
2012 (77 FR 9532). There are both daily maximum 1-hour concentration and 2030 MVEBs. The same criteria
primary and secondary standards for not to exceed 75 ppb. The secondary used to develop the MVEBs in the
NO2. The primary NAAQS is an annual standard is a 3-hour concentration not original SIP are used for this SIP
arithmetic mean that must not exceed to exceed 0.5 ppm more than once per revision. See Table 6 below.
TABLE 6—UPDATED MVEBS FOR THE KENTUCKY PORTION OF CINCINNATI-HAMILTON, OH-KY-IN AREA
[TSD]
2020 2030
NOX VOC NOX VOC
On-Road Emissions ......................................................................................... 8.42 4.17 3.56 2.31
Safety Margin ................................................................................................... .61 .19 1.63 .55
MVEBs with Safety Margin .............................................................................. 9.03 4.36 5.19 2.86
EPA has preliminarily determined federal RFG requirement for Boone, VII. Statutory and Executive Order
that Kentucky’s September 13, 2017, SIP Campbell, and Kenton Counties. Any Reviews
revision is consistent with the decision by the Administrator on the Under the CAA, the Administrator is
applicable provisions of the CAA, opt-out petition would occur in a required to approve a SIP submission
daltland on DSKBBV9HB2PROD with PROPOSALS
including section 110(l). In this action, separate action. that complies with the provisions of the
EPA is not proposing to act on the Act and applicable Federal regulations.
Commonwealth’s opt-out petition to the See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
EPA Administrator to remove the Thus, in reviewing SIP submissions,
23 https://www.epa.gov/air-emissions-inventories/ 24 See, e.g., Quantifying the sources of ozone, fine Environmental Engineering (June 24, 2009),
air-emissions-sources. particulate matter, and regional haze in the available at: http://www.sciencedirect.com/science/
Southeastern United States, Journal of article/pii/S0301479709001893?via%3Dihub.
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Proposed Rules 6503
EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 the EPA Region 6, 1445 Ross Avenue,
provided that they meet the criteria of Environmental protection, Air Suite 700, Dallas, Texas 75202–2733.
the CAA. This action merely proposes to pollution control, Incorporation by FOR FURTHER INFORMATION CONTACT: Carl
approve changes to the reference, Intergovernmental relations, Young, (214) 665–6645, young.carl@
Commonwealth’s maintenance plan Nitrogen dioxide, Ozone, Particulate epa.gov.
emissions inventory and associated matter, Reporting and recordkeeping
MVEBs to remove reliance on emissions SUPPLEMENTARY INFORMATION: In an
requirements, Volatile organic April 13, 2011 action EPA proposed to
reductions from the federal RFG
compounds. disapprove the portion of a November
program requirements. For that reason,
this proposed action: Authority: 42 U.S.C. 7401 et seq. 23, 2009 Texas SIP submittal that
• Is not a significant regulatory action Dated: February 6, 2018.
intended to demonstrate that the SIP
subject to review by the Office of met the requirements of CAA section
Onis ‘‘Trey’’ Glenn, III,
Management and Budget under 110(a)(2)(D)(i)(I) to prohibit emissions
Regional Administrator, Region 4. which will significantly contribute to
Executive Orders 12866 (58 FR 51735,
[FR Doc. 2018–03078 Filed 2–13–18; 8:45 am] nonattainment or interfere with
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011); BILLING CODE 6560–50–P maintenance of the 2006 24-hour PM2.5
• Is not an Executive Order 13771 (82 NAAQS in other states (76 FR 20602).
FR 9339, February 2, 2017) regulatory EPA is now withdrawing the proposal.
ENVIRONMENTAL PROTECTION In a separate Federal Register action
action because SIP approvals are
AGENCY published in conjunction with this
exempted under Executive Order 12866.
• Does not impose an information 40 CFR Part 52 withdrawal EPA is proposing to approve
collection burden under the provisions this portion of the SIP submittal. The
of the Paperwork Reduction Act (44 [EPA–R06–OAR–2011–0335; FRL–9973– rationale for the proposed approval is
U.S.C. 3501 et seq.); 43—Region 6] detailed in that proposal.
• Is certified as not having a Dated: February 7, 2018.
significant economic impact on a Approval and Promulgation of
Implementation Plans; Texas; Anne Idsal,
substantial number of small entities
Disapproval of Interstate Transport Regional Administrator, Region 6.
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); State Implementation Plan Revision for [FR Doc. 2018–02893 Filed 2–13–18; 8:45 am]
• Does not contain any unfunded the 2006 24-hour PM2.5 NAAQS; BILLING CODE 6560–50–P
mandate or significantly or uniquely Withdrawal of Proposed Rule
affect small governments, as described AGENCY: Environmental Protection
in the Unfunded Mandates Reform Act Agency (EPA). DEPARTMENT OF HEALTH AND
of 1995 (Pub. L. 104–4); HUMAN SERVICES
• Does not have Federalism ACTION: Withdrawal of proposed rule.
implications as specified in Executive Administration for Children and
SUMMARY: The Environmental Protection
Order 13132 (64 FR 43255, August 10, Families
Agency (EPA) is withdrawing its
1999); proposed rule to disapprove the portion
• Is not an economically significant 45 CFR Part 1304
of the November 23, 2009 Texas State
regulatory action based on health or
Implementation Plan (SIP) submittal RIN 0970–AC63
safety risks subject to Executive Order
that intended to demonstrate that the
13045 (62 FR 19885, April 23, 1997); Head Start Designation Renewal
• Is not a significant regulatory action SIP met Clean Act (CAA) requirements
to prohibit emissions which will System Improvements
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); significantly contribute to
AGENCY: Office of Head Start (OHS),
• Is not subject to requirements of nonattainment or interfere with
Administration for Children and
Section 12(d) of the National maintenance of the 2006 24-hour PM2.5
Families (ACF), Department of Health
Technology Transfer and Advancement National Ambient Air Quality Standards
and Human Services (HHS).
Act of 1995 (15 U.S.C. 272 note) because (NAAQS) in other states.
ACTION: Request for comments; re-issue.
application of those requirements would DATES: The proposed rule published on
be inconsistent with the CAA; and April 13, 2011 (76 FR 20602) is SUMMARY: OHS issues this request for
• Does not provide EPA with the withdrawn as of February 14, 2018. comments to invite public feedback on
discretionary authority to address, as ADDRESSES: The EPA has established a information we inadvertently omitted
appropriate, disproportionate human docket for this action under Docket ID from the ‘‘CLASS Condition of the Head
health or environmental effects, using No. EPA–R06–OAR–2011–0335. All Start Designation Renewal System,’’
practicable and legally permissible documents in the docket are listed on request for comments, published on
methods, under Executive Order 12898 the http://www.regulations.gov website. December 8, 2017. The document
(59 FR 7629, February 16, 1994). Although listed in the index, some withdrawing the ‘‘CLASS Condition of
The SIP is not approved to apply on any information is not publicly available, the Head Start Designation Renewal
Indian reservation land or in any other e.g., Confidential Business Information System’’ request for comments is
area where EPA or an Indian tribe has or other information whose disclosure is published elsewhere in this issue of the
daltland on DSKBBV9HB2PROD with PROPOSALS
demonstrated that a tribe has restricted by statute. Certain other Federal Register. This request for
jurisdiction. In those areas of Indian material, such as copyrighted material, comments is similar to the withdrawn
country, the rulemaking does not have is not placed on the internet and will be publication in that it invites the public
tribal implications as specified by publicly available only in hard copy to comment on specific changes OHS is
Executive Order 13175 (65 FR 67249, form. Publicly available docket considering for the CLASS condition, as
November 9, 2000), nor will it impose materials are available either well as other Designation Renewal
substantial direct costs on tribal electronically through http:// System (DRS) conditions and processes
governments or preempt tribal law. www.regulations.gov or in hard copy at more broadly. Additionally, OHS seeks
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Document Created: 2018-02-14 03:59:07
Document Modified: 2018-02-14 03:59:07
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before March 7, 2018. | |
| Contact | Dianna Myers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Myers can be reached via telephone at (404) 562-9207 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 6496 | |
| 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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