[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13872-13875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06557]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0389; FRL-9976-20--Region 4]


Air Plan Approval; KY: Removal of Reliance on Reformulated 
Gasoline in the Kentucky Portion of the Cincinnati-Hamilton Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted on September 13, 2017, by 
the Commonwealth of Kentucky, through the Kentucky Division for Air 
Quality (KDAQ) in support of the Commonwealth's separate petition 
requesting that EPA remove the federal reformulated gasoline (RFG) 
requirements for Boone, Campbell, and Kenton counties in the Kentucky 
portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana 2008 8-hr 
ozone maintenance area (hereinafter referred to as the ``Northern 
Kentucky Area'' or ``Area''). The SIP revision revises the 
Commonwealth's maintenance plan emissions inventory and associated 
motor vehicle emissions budgets (MVEBs), for years 2020 and 2030, to 
remove reliance on emissions reductions from the federal RFG program 
requirements, a program that the Commonwealth voluntarily opted into in 
1995. The SIP revision also includes a non-interference demonstration 
evaluating whether removing reliance on the RFG requirements in the 
Northern Kentucky Area would interfere with the requirements of the 
Clean Air Act (CAA or Act). EPA is approving this SIP revision and the 
corresponding non-interference demonstration because EPA determined 
that the revision is consistent with the applicable provisions of the 
CAA. Please note that this final rule does not remove the federal RFG 
requirement. On April 18, 2017, Kentucky's Energy and Environment 
Cabinet submitted a separate petition to the EPA Administrator 
requesting to opt-out of the federal RFG program in the Northern 
Kentucky Area, and the Administrator will act on that petition in the 
near future.

DATES: This rule will be effective April 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. No. EPA-R04-OAR-2017-0389 at http://www.regulations.gov. All documents in the docket are listed on the 
www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday

[[Page 13873]]

through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. 
Ms. Myers can be reached via telephone at (404) 562-9207 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. What is the Background for this final action?

    The Northern Kentucky Area was included in the Cincinnati-Hamilton 
Area, which was originally designated as a moderate nonattainment area 
for the 1-hour ozone standard on November 6, 1991 (56 FR 56694). In 
1995, Kentucky voluntarily opted into the RFG program under Phase I of 
a two-phase nationwide program to reduce the volatility of commercial 
gasoline during the summer ozone season. Kentucky elected to stay in 
the program under Phase II which was more stringent than Phase I.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This standard was more stringent than 
the 1-hour ozone standard. On June 19, 2000 (65 FR 37879), the 
Cincinnati-Hamilton 1-hour nonattainment Area was redesignated as 
attainment for the 1-hour ozone NAAQS, and was considered to be a 
maintenance area subject to a CAA section 175A maintenance plan for the 
1-hour ozone NAAQS. On April 30, 2004, EPA designated the Cincinnati-
Hamilton OH-KY-IN Area under subpart 1 as a ``basic'' 1997 8-hour ozone 
NAAQS nonattainment area (69 FR 23857).\1\ On August 5, 2010 (75 FR 
47218), the Kentucky portion of the Cincinnati-Hamilton 1997 8-hour 
ozone area was redesignated to attainment.
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    \1\ The 1997 8-hour ozone area included in its entirety Boone, 
Campbell, and Kenton Counties in Kentucky and Butler, Clermont, 
Clinton, Hamilton and Warren Counties in Ohio; and a portion of 
Dearborn County in Indiana.
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    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 ppm to provide increased protection of 
public health and the environment. See 73 FR 16436 (March 27, 2008). 
The 2008 ozone NAAQS retains the same general form and averaging time 
as the 0.08 ppm NAAQS set in 1997, but is set at a more protective 
level. Under EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone 
NAAQS is attained when the 3-year average of the annual fourth highest 
daily maximum 8-hour average ambient air quality ozone concentrations 
is less than or equal to 0.075 ppm. See 40 CFR 50.15.
    Effective July 20, 2012, EPA designated any area that was violating 
the 2008 8-hour ozone NAAQS based on the three most recent years (2008-
2010) of air monitoring data as a nonattainment area. See 77 FR 30088 
(May 21, 2012). The Cincinnati-Hamilton, OH-KY-IN Area was designated 
as a marginal ozone nonattainment area. See 40 CFR 81.318. Areas that 
were designated as marginal nonattainment areas were required to attain 
the 2008 8-hour ozone NAAQS as expeditiously as possible but no later 
than July 20, 2015, based on 2012-2014 monitoring data. On May 4, 2016 
(81 FR 26697), EPA published its determination that the Cincinnati-
Hamilton, OH-KY-IN Area had attained the 2008 8-hour ozone NAAQS by the 
attainment deadline.
    On August 26, 2016, Kentucky submitted a 2008 8-hour ozone 
redesignation request and maintenance plan for the Cincinnati-Hamilton 
Area, which EPA approved on July 5, 2017 (82 FR 30976).\2\ With its 
redesignation request, Kentucky included a maintenance demonstration 
plan that estimated emissions through 2030 that modeled RFG because 
Kentucky previously opted into the RFG program.
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    \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.
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    In a September 13, 2017, SIP revision submittal, KDAQ updated the 
mobile (on-road and non-road) emissions inventory for the August 26, 
2016, maintenance plan (including the MVEBs) to reflect Kentucky's 
petition (see below) to opt-out of the RFG requirements for Boone, 
Campbell, and Kenton counties in the Northern Kentucky Area. The 
updates were summarized in KDAQ's submittal. On April 18, 2017, 
Kentucky's Energy and Environment Cabinet submitted a petition to the 
EPA Administrator requesting to opt-out of the federal RFG program in 
the Northern Kentucky Area, and as stated above, the September 13, 
2017, SIP revision was submitted in support of that petition 
(particularly the requirements of 40 CFR 80.72(b)(3) and (4)). 
Kentucky's opt-out petition will be acted on by the Administrator in a 
separate action, and if approved in that separate action, will 
establish the effective date of the opt-out. EPA's RFG regulations 
require that the opt-out cannot become effective less than 90 days from 
the effective date of this final action. EPA will also publish a notice 
in the Federal Register to notify the public of the approval and 
effective date of the opt-out (See 40 CFR 80.72(c)(7) and (d).)
    In a notice of proposed rulemaking (NPRM) published on February 14, 
2018 (83 FR 6496), EPA proposed to approve the September 13, 2017, SIP 
revision. The Agency did not receive any adverse comments on the NPRM.

II. Revised MVEBs

    EPA is approving the changes in the September 13, 2017, SIP 
revision which includes updating the 2008 maintenance plan 2020 and 
2030 MVEBs. The same criteria used to develop the MVEBs in the August 
26, 2016, maintenance SIP are used for this SIP revision. The revised 
MVEBs for nitrogen oxides (NOX) and volatile organic 
compounds (VOC) are outlined in Table 1 below.
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    \3\ The safety margin is the difference between the attainment 
level of emissions (from all sources) and the projected level of 
emissions (from all sources) in the maintenance plan. KDAQ chose to 
allocate a total of 2.24 tpd to the available NOX safety 
margin and a total 0.74 tons per day of the available VOC safety 
margin. The transportation conformity rule provides for establishing 
safety margins for use in transportation conformity determinations. 
(See 40 CFR 93.124(a).)

                  Table 1--MVEBs for the Kentucky Portion of Cincinnati-Hamilton, OH-KY-IN Area
                                              [Tons per summer day]
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                                                               2020                            2030
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
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On-Road Emissions...............................            8.42            4.17            3.56            2.31
Safety Margin \3\...............................            0.61            0.19            1.63             .55

[[Page 13874]]

 
MVEBs with Safety Margin........................            9.03            4.36            5.19            2.86
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III. Final Action

    EPA is approving Kentucky's September 13, 2017, SIP revision 
seeking to revise the maintenance plan emissions inventory and 
associated MVEBs for years 2020 and 2030 to remove reliance on 
emissions reductions from the federal RFG program requirements; a 
program that the Commonwealth voluntarily opted into in 1995. The SIP 
revision also includes a non-interference demonstration evaluating 
whether removing reliance on the RFG requirements in the Northern 
Kentucky Area would interfere with the requirements of the CAA. Within 
24 months from this final rule, the transportation partners will need 
to demonstrate conformity to the new NOX and VOC MVEBs 
pursuant to 40 CFR 93.104(e)(3). For analysis years 2020 through 2029, 
the new 2020 MVEBs will be used, and for analysis years 2030 and 
beyond, the new 2030 MVEBs will be used.
    In accordance with 5 U.S.C. 553(d), EPA finds that there is good 
cause for this action to become effective immediately upon publication. 
This is because a delayed effective date is unnecessary because this 
action approves a SIP revision and noninterference demonstration that 
serves as the basis of a subsequent action to relieve the Area from 
certain CAA requirements that would otherwise apply to it. The 
immediate effective date for this action is authorized under both 5 
U.S.C. 553(d)(1), which provides that rulemaking actions may become 
effective less than 30 days after publication if the rule grants or 
recognizes an exemption or relieves a restriction, and section 
553(d)(3), which allows an effective date less than 30 days after 
publication as otherwise provided by the agency for good cause found 
and published with the rule. The purpose of the 30-day waiting period 
prescribed in section 553(d) is to give affected parties a reasonable 
time to adjust their behavior and prepare before the final rule takes 
effect. This rule however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. Rather, this rule will serve as a basis 
for a subsequent action to relieve the Area from certain CAA 
requirements. For these reasons, EPA finds good cause under 5 U.S.C. 
553(d)(3) for this action to become effective on the date of 
publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 1, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to

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enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: March 21, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart S--Kentucky

0
2. Section 52.920(e) is amended by adding an entry for ``Removal of 
Reliance on Reformulated Gasoline in the Kentucky portion of the 
Cincinnati-Hamilton, OH-KY-IN Area'' at the end of the table to read as 
follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                        Applicable           State
    Name of non-regulatory SIP        geographic or     submittal date/  EPA approval date       Explanations
            provision               nonattainment area  effective date
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                                                  * * * * * * *
Removal of Reliance on             Boone, Campbell and        09/13/17  4/2/2018 [Insert
 Reformulated Gasoline in the       Kenton Counties                      citation of
 Kentucky portion of the            (Kentucky portion                    publication].
 Cincinnati-Hamilton, OH-KY-IN      of the Cincinnati-
 Area.                              Hamilton Area).
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[FR Doc. 2018-06557 Filed 3-30-18; 8:45 am]
 BILLING CODE 6560-50-P