[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62499-62501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0023; FRL-9086-1]


Approval and Promulgation of Implementation Plans; Kentucky; 
Source-Specific Revision for Avis Rent-A-Car and Budget Rent-A-Car 
Facilities Located at the Cincinnati/Northern Kentucky International 
Airport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve source-specific 
revisions to the State Implementation Plan (SIP) submitted by the 
Commonwealth of Kentucky, through the Kentucky Energy and Environment 
Cabinet's (KEEC), Kentucky Division of Air Quality (KDAQ), on February 
4, 2009, for the purpose of removing Stage II vapor control 
requirements at Avis Rent-A-Car and Budget Rent-A-Car facilities 
located at the Cincinnati/Northern Kentucky International Airport. This 
revision is being taken pursuant to Section 110 of the Clean Air Act 
(CAA).

DATES: Effective Date: This rule will be effective December 30, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2009-0023. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Deanne Grant, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9291. Ms. Grant can also be reached via electronic mail at 
[email protected]. For information relating to the Kentucky SIP, 
please contact Mr. Zuri Farngalo at (404) 562-9152. Mr. Farngalo can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is taking final action to approve a source-specific SIP 
revision, submitted by the Commonwealth of Kentucky, through KDAQ, for 
the purpose of removing Stage II vapor control requirements at Avis 
Rent-A-Car, and Budget Rent-A-Car facilities located at the Cincinnati/
Northern Kentucky International Airport. This approval action is based 
on EPA's analysis that Kentucky's request complies with Section 110 of 
the CAA.
    In a July 27, 2009, rulemaking notice, EPA proposed approval of the 
aforementioned revision to the Kentucky SIP. The comment period closed 
on August 26, 2009, and no comments were received. A detailed 
discussion of Kentucky's submittal and EPA's rationale for approval of 
the February 4, 2009, Kentucky SIP revision may be found in the 
proposed rulemaking notice (74 FR 36977). EPA is finalizing the 
approval as proposed based on the rationale stated in the proposal and 
in this final action.

II. Background

    On January 6, 1992, EPA designated the Cincinnati/Northern Kentucky 
Area as a ``moderate'' ozone nonattainment area for the 1-hour ozone 
standard (56 FR 56694). Therefore, pursuant to the requirements of 
section 182(b)(3) of the CAA, the Commonwealth of Kentucky, developed 
Kentucky Administrative Regulations (KAR) 401 KAR 59:174 Stage II 
controls at gasoline dispensing facilities, and submitted the rule to 
EPA for approval as part of Kentucky's ozone SIP. The rule was adopted 
by the Commonwealth of Kentucky on January 12, 1998, and approved by 
EPA into the SIP on December 8, 1998 (63 FR 67589).
    On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor 
vehicles (59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, 
the CAA no longer requires moderate areas to impose Stage II controls 
under section 182(b)(3), and allows such areas to seek SIP revisions to 
remove such requirements from their

[[Page 62500]]

SIP, subject to section 110(l) of the Act. Because Kentucky is taking 
credit for Stage II in its maintenance plan, this action is subject to 
section 110(l) of the CAA, which states:

    Each revision to an implementation plan submitted by a State 
under this chapter shall be adopted by such State after reasonable 
notice and public hearing. The Administrator shall not approve a 
revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 7501 of this title), or any other 
applicable requirement of this chapter.

    On October 29, 1999, KDAQ submitted, for EPA approval, a 1-hour 
ozone maintenance plan and request for redesignation of the Cincinnati/
Northern Kentucky Area to attainment status. The redesignation request 
and maintenance plan were approved by EPA, effective June 19, 2000 (65 
FR 37879). Since the Kentucky Stage II program was already in place and 
had been included in the Commonwealth's October 29, 1999, redesignation 
request and 1-hour ozone maintenance plan for the Area, KDAQ elected 
not to remove the program from the SIP at that time. On April 30, 2004, 
EPA designated the Cincinnati/Northern Kentucky Area, as nonattainment 
for the 1997 8-hour ozone national ambient air quality standard (NAAQS) 
(69 FR 23857). The Cincinnati/Northern Kentucky Area remains designated 
as nonattainment for the 1997 8-hour ozone standard, although based on 
preliminary 2007-2008 data it looks as though the area may attain the 
standard.
    On January 5, 2005, EPA published designations for the 1997 annual 
and 24-hour PM2.5 standard (70 FR 944). The Cincinnati/
Northern Kentucky Area was designated as a nonattainment area for the 
1997 annual PM2.5 standard and remains a nonattainment area 
for that standard. However, this same area was designated as attainment 
for the 1997 24-hour PM2.5 standard. On September 21, 2006, 
EPA revised the 24-hour PM2.5 standard which in turn 
initiated the designation process for the revised 24-hour ozone 
standard. The Commonwealth of Kentucky submitted a letter dated 
February 10, 2009, which requested that the Cincinnati/Northern 
Kentucky Area be classified attainment for the revised 24-hour standard 
based on 2006-2008 data. EPA has yet to publish the final rulemaking 
with the final designations for the revised 24-hour PM2.5 
standard but it is anticipated that this area will be designated 
attainment for the revised daily PM2.5 standard based on 
2006-2008 data.
    On February 4, 2009, Kentucky submitted a SIP revision for the 
purpose of removing Stage II vapor control requirements at Avis Rent-A-
Car, and Budget Rent-A-Car facilities at the Cincinnati/Northern 
Kentucky International Airport. This source-specific revision to the 
Kentucky SIP is approvable pursuant to Section 110 of the CAA and EPA 
guidance. The Commonwealth of Kentucky has confirmed that not less than 
95 percent of vehicles at Avis Rent-A-Car and Budget Rent-A-Car 
facilities located at the Cincinnati/Northern Kentucky International 
Airport are equipped with ORVR. Kentucky has adequately demonstrated 
that ORVR has supplanted Stage II requirements at Avis Rent-A-Car and 
Budget Rent-A-Car facilities. The proposed rule provides additional 
information regarding Kentucky's analysis.

III. Final Action

    EPA is taking final action to approve the February 4, 2009, SIP 
revision request from Kentucky for the purpose of removing Stage II 
vapor control requirements at Avis Rent-A-Car and Budget Rent-A-Car 
facilities. This source-specific SIP revision is consistent with 
Section 110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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).
    In addition, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 29, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

[[Page 62501]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Volatile organic compounds, 
Ozone, Sulfur oxides, Nitrogen dioxide.

    Dated: November 16, 2009.
J. Scott Jordon,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920(d), is amended by adding a new entry at the end of 
the table for ``Source-Specific SIP Revision for Avis Budget Car Rental 
Group,'' to read as follows:


Sec.  52.920  Identification of plan.

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    (d) * * *

                                                   EPA-Approved Kentucky Source-Specific Requirements
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                                                                State
          Name of source                  Permit No.       effective date             EPA approval date                         Explanations
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                                                                      * * * * * * *
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Source-Specific SIP Revision for    N/A..................          8/9/07  11/30/09..............................  Removal of stage II requirements
 Avis Budget Car Rental Group.                                             [Insert citation of publication]......
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[FR Doc. E9-28421 Filed 11-27-09; 8:45 am]
BILLING CODE 6560-50-P