[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28776-28779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11713]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0271; FRL-9814-2]
Approval and Promulgation of Implementation Plans; Kentucky;
Stage II Requirements for Enterprise Holdings, Inc. at Cincinnati/
Northern Kentucky International Airport in Boone County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing 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
April 25, 2013, for the purpose of exempting Enterprise Holdings, Inc.,
facility from the Clean Air Act (CAA or Act) Stage II vapor control
requirements. The Enterprise Holdings, Inc., facility is currently
being constructed at the Cincinnati/Northern Kentucky International
Airport in Boone County, Kentucky. EPA's proposed 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.
[[Page 28777]]
DATES: Comments must be received on or before June 17, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0271 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2013-0271, 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.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2013-0271.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in 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, 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. Ms. Sheckler's
telephone number is (404) 562-9992; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the Commonwealth's submittal
III. Proposed Action
IV. Statutory and Executive Order Reviews
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) as a ``moderate''
nonattainment area for the 1-hour ozone national ambient air quality
standards (NAAQS) as part of the Cincinnati/Northern Kentucky Area. 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 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 Kentucky on January 12, 1998, and approved by EPA into the
SIP on December 8, 1998. See 63 FR 67586. 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, having implemented all measures required of
Kentucky to that date for moderate ozone nonattainment areas under the
CAA, and with three years of data (1996-1998) showing compliance with
the 1-hour ozone standards, KDAQ submitted to EPA an ozone maintenance
plan and request for redesignation of the Kentucky portion of
Cincinnati/Northern Kentucky area to attainment status. The maintenance
plan, as required under section 175A of the CAA, showed that nitrogen
oxides and volatile organic compounds (VOC) emissions in the Area would
remain below the 1990 ``attainment year's'' levels. In making these
projections KDAQ factored in the emissions benefit (primarily VOC) of
the 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 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.
II. Analysis of the Commonwealth's Submittal
EPA's primary consideration for determining the approvability of
Kentucky's request to exempt Stage II vapor control requirements for
the Enterprise Holdings, Inc., facility
[[Page 28778]]
located at the Cincinnati/Northern Kentucky International Airport in
Boone County is whether this requested action complies with section
110(l) of the CAA. Below is EPA's analysis of these considerations.
a. Federal Requirements for Stage II
States were required to adopt Stage II rules for all areas
classified as ``moderate'' or worse under section 182(b)(3) of the CAA.
However, section 202(a)(6) of the CAA states that ``the requirements of
section 182(b)(3) (relating to Stage II gasoline vapor recovery) for
areas classified under section 181 as moderate for ozone shall not
apply after the promulgation of such [ORVR] standards.'' ORVR
regulations were promulgated by EPA on April 6, 1994. See 59 FR 16262,
and 40 CFR 86.001, .098). As a result, the CAA no longer requires
moderate areas to impose Stage II controls under section 182(b)(3), and
such areas may seek SIP revisions to remove such requirements from
their SIP, subject to section 110(l) of the Act. EPA's policy
memorandum related to ORVR, dated March 9, 1993, and June 23, 1993,
provided further guidance on an allowance for removing Stage II
requirements from certain areas. The policy memorandum dated March 9,
1993, states ``[w]hen onboard rules are promulgated, a State may
withdraw its Stage II rules for moderate areas from the SIP (or from
consideration as a SIP revisions) consistent with its obligation under
sections 182(b)(3) and 202(a)(6), so long as withdrawal will not
interfere with any other applicable requirements of the Act.'' Because
Kentucky is taking credit for Stage II in its maintenance plan, the
Commonwealth's request for a source specific exemption from the State
II vapor control requirements is subject to section 110(l) of the CAA.
Section 110(l) of the Act provides that EPA cannot approve a SIP
revision if that revision interferes with any applicable requirement
regarding attainment, reasonable further progress (RFP) or any
requirement established in the CAA. EPA can approve a SIP revision that
removes or modifies control measures in the SIP once states make a
``noninterference'' demonstration that such a removal or modification
will not interfere with attainment of the NAAQS, RFP or any other CAA
requirement. As such, Kentucky must make a demonstration of
noninterference in order to exempt Stage II from the SIP for Enterprise
Holdings, Inc. facility located at the Cincinnati/Northern Kentucky
International Airport in Boone County.
b. Cincinnati-Hamilton Interstate Area Air Quality Status
With respect to ozone, on April 30, 2004, EPA designated the
Cincinnati/Northern Kentucky Area as nonattainment for the 1997 8-hour
ozone NAAQS. See 69 FR 23857. On January 29, 2010, the Commonwealth
submitted to EPA a redesignation request and maintenance plan for the
1997 8-hour ozone NAAQS. As a result the Cincinnati/Northern Kentucky
area was redesignated to attainment for the 1997 8-hour ozone NAAQS on
August 5, 2010 (75 FR 4718). EPA then designated portions of Boone,
Campbell and Kenton Counties in Kentucky as nonattainment for the 2008
8-hour ozone NAAQS as part of the Cincinnati/Northern Kentucky
Nonattainment Area. This designation for the 2008 8-hour ozone NAAQS
was effective July 20, 2012. See 77 FR 30088.
With respect to PM, on July 18, 1997, EPA promulgated the first air
quality standards for PM2.5. EPA promulgated an annual
PM2.5 standard at a level of 15 micrograms per cubic meter
([mu]g/m\3\), based on a 3-year average of annual mean PM2.5
concentrations. In the same rulemaking, EPA promulgated a 24-hour
standard of 65 [mu]g/m\3\, based on a 3-year average of the 98th
percentile of 24-hour PM2.5 concentrations. On January 5,
2005, at 70 FR 944, and supplemented on April 14, 2005, at 70 FR 19844,
EPA designated Boone, Campbell, and Kenton Counties in Kentucky as part
of the Tri-state Cincinnati-Hamilton Nonattainment Area for the 1997
PM2.5 NAAQS.\1\
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\1\ EPA subsequently clarified that the Tri-state Cincinnati-
Hamilton Area was classified unclassifiable/attainment for the 24-
hour NAAQS promulgated in 1997. See 74 FR 58688 (November 13, 2009).
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On January 27, 2011, KDAQ submitted a request to redesignate the
Kentucky portion of the Tri-state Cincinnati-Hamilton Area
PM2.5 Nonattainment Area to attainment for the 1997 Annual
PM2.5 NAAQS based on 2007-2009 data. On December 15, 2011,
EPA published the final rulemaking redesignating the Area to attainment
for the 1997 annual PM2.5 NAAQS. See 76 FR 77904.
In 2006, EPA strengthened the primary and secondary 24-hour
PM2.5 NAAQS from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and
retained the current primary and secondary annual PM2.5
NAAQS at 15 [mu]g/m\3\. See 71 FR 61144, October 17, 2006. The revision
of the 24-hour PM2.5 NAAQS in 2006, triggered the
designation process for the NAAQS. The Cincinnati/Northern Kentucky
Area was designated attainment for the 2006 PM2.5 NAAQS. See
74 FR 58688, November 13, 2009.
c. Non-Interference Demonstration for Exemption of Stage II
Requirements.
EPA is making the preliminary determination that Kentucky's April
25, 2013, proposed source-specific revision to the Kentucky SIP is
approvable based on the CAA and the December 12, 2006, EPA memorandum
from Stephen D. Page entitled, ``Removal of Stage II Vapor Recovery in
Situations Where Widespread use of On-board Refueling Vapor Recovery is
Demonstrated,'' which provides guidance to states concerning the
removal of Stage II gasoline vapor recovery systems where states
demonstrate to EPA that widespread use of ORVR has occurred in specific
portions of the motor vehicle fleet.
As previously discussed, States were required to adopt Stage II
rules for such areas under section 182(b)(3) of the CAA. However,
section 202(a)(6) of the CAA provides that the requirements of section
182(b)(3) (relating to Stage II gasoline vapor recovery) for areas
classified as moderate for ozone shall not apply after the promulgation
of ORVR standards. In addition, section 202(a)(6) further provides that
the Administrator may, by rule, revise or waive the application of
requirements of section 182(b)(3) for areas classified as serious,
severe, or extreme for ozone.
Section 202 ORVR regulations were promulgated by EPA on April 6,
1992, and the requirements of these regulations were phased in. In this
circumstance, EPA does not view section 202 as requiring a
determination of ``widespread'' use as is necessary for the source-
specific SIP revision for Stage II requirements for the Enterprise
Holdings, Inc. facility because the area is not designated as serious
or above for ozone. EPA, however, does view the widespread use analysis
as relevant toward satisfying the section 110(l) demonstration
necessary to exempt the Enterprise Holdings, Inc. facility from the
Stage II vapor control requirements.
EPA believes the widespread use of ORVR has been sufficiently
demonstrated.\2\ EPA's December 12, 2006, memorandum states that if 95
percent of the vehicles in the fleet have ORVR, then widespread use
will likely have been demonstrated for that fleet.
[[Page 28779]]
The memorandum addresses the following specific fleets:
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\2\ On May 16, 2012, EPA made a determination that ORVR was in
widespread use throughout the motor vehicle fleet for purposes of
controlling motor vehicle refueling emissions. EPA estimated that
approximately 70 percent of all vehicles would be equipped with on-
board systems to capture these vapors by the end of 2012, rendering
the use of Stage II vapor recovery systems redundant.
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Initial fueling of new vehicles at automobile assembly
plants;
Refueling of rental cars at rental car facilities; and
Refueling of flexible fuel vehicles at E85 dispensing
pumps.
Most large rental companies rent current model vehicles, that are
equipped with ORVR and vehicle models are updated to current year
models every year or two. The Commonwealth of Kentucky has confirmed
that 100 percent of the fleet will be equipped with 2006 model year
(first model year vehicles required to be equipped with ORVR) and newer
vehicles at the Enterprise Holdings, Inc., facility at the Cincinnati/
Northern Kentucky International Airport in Boone County.
CAA section 110(a)(2)(D)(i)(I) prohibits facilities within the
State from emitting any air pollutants in amounts which will contribute
significantly to nonattainment in, or interfere with maintenance by,
any other State with respect to any such national primary or secondary
ambient air quality standards. The only pollutant emitted by refueling
vehicles is VOC, which is a precursor of ozone, and its emissions are
mitigated by the use of vehicles equipped with ORVR. EPA has
preliminarily determined that Kentucky has adequately demonstrated that
ORVR is in widespread use and that the Stage II requirements of the
Kentucky SIP have been sufficiently supplanted by the ORVR such that
exemption of the Enterprise Holdings, Inc., facility from the Stage II
requirements would not interfere with any applicable requirement
concerning attainment and reasonable further progress or any other
applicable requirement of the CAA.
III. Proposed Action
EPA is proposing to approve the aforementioned source-specific SIP
revision request from Kentucky. VOC emissions from vehicles at
Enterprise Holdings, Inc., facilities are controlled by ORVR,
therefore, EPA has preliminarily 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 is seeking to remove this requirement for this facility
and EPA has preliminarily determined that Kentucky has fully satisfied
the requirements of section 110(l) of the CAA. Therefore, EPA is
proposing to approve this source-specific SIP revision, as being
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, these
proposed actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by Commonwealth law. For that reason, these proposed actions:
Are 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);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are 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.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are 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
do 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 proposed 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 Commonwealth, and it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Greenhouse Gas,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-11713 Filed 5-15-13; 8:45 am]
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