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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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]]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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
holidays.
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:
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
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.
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 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:
PART 52--APPROVAL AND PROMULGATION OF PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
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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.
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(c) * * *
Table 1--EPA-Approved Kentucky Regulations
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State effective
State citation Title/Subject date EPA Approval date Explanation
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Chapter 59 New Source Standards
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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
Cincinnati/Northern
Kentucky
International Airport
Enterprise Holdings,
Inc., facility and
Hertz Corporation
facility.
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[[Page 29354]]
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[FR Doc. 2014-11781 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P