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Approval and Promulgation of Implementation Plans; Kentucky; Stage II Requirements for Hertz Corporation Facility at Cincinnati/Northern Kentucky International Airport in Boone County

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American Government

Approval and Promulgation of Implementation Plans; Kentucky; Stage II Requirements for Hertz Corporation Facility at Cincinnati/Northern Kentucky International Airport in Boone County

Heather McTeer Toney
Environmental Protection Agency
May 22, 2014

[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29352-29354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11781]

[[Page 29352]]



40 CFR Part 52

[EPA-R04-OAR-2013-0794; FRL-9911-24-Region 4]

Approval and Promulgation of Implementation Plans; Kentucky; 
Stage II Requirements for Hertz Corporation Facility at Cincinnati/
Northern Kentucky International Airport in Boone County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a source-specific State Implementation Plan (SIP) 
revision submitted to EPA by the Commonwealth of Kentucky, through the 
Kentucky Division for Air Quality (KDAQ) on January 17, 2014, for the 
purpose of exempting a Hertz Corporation facility from the Clean Air 
Act (CAA or Act) Stage II vapor control requirements. The subject Hertz 
Corporation facility is currently being constructed at the Cincinnati/
Northern Kentucky International Airport in Boone County, Kentucky. 
EPA's approval of this revision to Kentucky's SIP is based on the 
December 12, 2006, EPA policy memorandum from Stephen D. Page, entitled 
``Removal of Stage II Vapor Recovery in Situations Where Widespread Use 
of Onboard Refueling Vapor Recovery is Demonstrated.'' This action is 
being taken pursuant to the CAA.

DATES: This rule will be effective June 23, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0794. All documents in the docket 
are listed on the 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 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 

FOR FURTHER INFORMATION CONTACT: For information regarding this source 
specific SIP revision, contact Ms. Kelly Sheckler, Air Quality Modeling 
and Transportation 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. Ms. 
Sheckler's telephone number is (404) 562-9222; email address: 


I. Background

    Under the CAA Amendments of 1990, EPA designated and classified 
three Kentucky Counties (Boone, Campbell and Kenton) and four Ohio 
Counties (Butler, Clermont, Hamilton and Warren) (collectively referred 
to as the ``Cincinnati/Northern Kentucky Area'') as a ``moderate'' 
nonattainment area for the 1-hour ozone national ambient air quality 
standards (NAAQS). See 56 FR 56694, effective January 6, 1992. The 
designation was based on the Area's 1-hour ozone design value of 0.157 
parts per million for the three year period of 1988-1990.
    Pursuant to the requirements of section 182(b)(3) of the CAA, KDAQ 
developed the Kentucky Administrative Regulation (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 Kentucky on January 12, 1998, and approved by EPA into the 
SIP on December 8, 1998. See 63 FR 675896. Under this regulation, 
gasoline dispensing facilities with a monthly throughput of 25,000 
gallons or more located in a Kentucky County in which the entire County 
is classified as severe, serious, or moderate nonattainment for ozone 
are required to install Stage II vapor recovery systems.
    On October 29, 1999, KDAQ submitted to EPA an ozone maintenance 
plan and request for redesignation to attainment for the Kentucky 
portion of the Cincinnati/Northern Kentucky Area. At that time the 
Kentucky portion of the Cincinnati/Northern Kentucky Area had three 
years of attaining data (1996-1998) and Kentucky had implemented all 
measures then required by the CAA for a moderate 1-hour ozone 
nonattainment area. The maintenance plan, as required under section 
175A of the CAA, showed that nitrogen oxides and volatile organic 
compounds (VOC) emissions in the Kentucky portion of the Cincinnati/
Northern Kentucky Area would remain below the 1990 ``attainment 
year's'' levels. In making these projections, KDAQ factored in the 
emissions benefit (primarily VOC) of the Kentucky portion of the 
Cincinnati/Northern Kentucky Area's Stage II program, and did not 
remove this program from the Kentucky SIP. 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 Kentucky portion of 
the Cincinnati/Northern Kentucky Area, KDAQ elected not to remove the 
program from the SIP at that time.
    On April 6, 1994, EPA promulgated regulations requiring the phase-
in of onboard refueling vapor recovery (ORVR) systems on new motor 
vehicles. Under section 202(a)(6) of the CAA, moderate ozone 
nonattainment areas are not required to implement Stage II vapor 
recovery programs after promulgation of ORVR standards.
    KDAQ submitted a SIP revision on January 17, 2014, to exempt Stage 
II vapor control requirements for the Hertz Corporation facility 
located at the Cincinnati/Northern Kentucky International Airport in 
Boone County. On February 14, 2014, EPA published a proposed rulemaking 
to approve Kentucky's January 17, 2014, SIP revision related to Stage 
II requirements at the Hertz Corporation facility. Detailed background 
for today's final rulemaking can be found in EPA's February 14, 2014, 
proposed rulemaking. See 79 FR 8923. The comment period for this 
proposed rulemaking closed on March 17, 2014. EPA did not receive any 
comments, adverse or otherwise, during the public comment period.

II. Final Action

    EPA is taking final action to approve the aforementioned source-
specific SIP revision request from Kentucky. VOC emissions from 
vehicles at the Cincinnati/Northern Kentucky International Airport 
Hertz Corporation facility are controlled by ORVR, therefore, EPA has 
concluded that removal of Stage II requirements at this facility would 
not result in an increase of VOC emissions, and thus would not 
contribute to ozone formation. The Commonwealth has requested removal 
of this requirement for this facility and

[[Page 29353]]

EPA has determined that Kentucky has fully satisfied the requirements 
of section 110(l) of the CAA. Therefore, EPA is taking final action to 
approve this source-specific SIP revision, as being consistent with 
section 110 of the CAA.

III. 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. 
    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 July 21, 2014. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 9, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:


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

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

Subpart S--Kentucky

2. Section 52.920(c) is amended, under Table 1, by revising the entry 
for ``401 KAR 59:174'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
                                                     State effective
         State citation             Title/Subject          date        EPA Approval date        Explanation
                                                  * * * * * * *
                                         Chapter 59 New Source Standards
                                                  * * * * * * *
401 KAR 59:174.................  Stage II controls         01/17/14   05/22/2014 [Insert  Exemption from Stage
                                  at gasoline                          citation of         II vapor control
                                  dispensing                           publication].       requirements for
                                  facilities.                                              rental fleet vehicle
                                                                                           refueling at the
                                                                                           International Airport
                                                                                           Enterprise Holdings,
                                                                                           Inc., facility and
                                                                                           Hertz Corporation
                                                  * * * * * * *

[[Page 29354]]

* * * * *
[FR Doc. 2014-11781 Filed 5-21-14; 8:45 am]

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