
[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58884-58886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0271; FRL-9901-23-Region 4]


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: Final rule.

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SUMMARY: 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 
April 25, 2013, for the purpose of exempting an Enterprise Holdings, 
Inc., facility from the Clean Air Act (CAA or Act) Stage II vapor 
control requirements. The subject Enterprise Holdings, Inc., 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: Effective Date: This rule will be effective October 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0271. 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, 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) 562-9222; email address: 
sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Final Action
III. 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 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 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, KDAQ submitted to EPA an ozone maintenance 
plan and request for redesignation of the Kentucky portion of 
Cincinnati/Northern Kentucky area to attainment. At that time the area 
had three years of attaining data (1996-1998) and Kentucky had 
implemented all measures then required by the CAA for

[[Page 58885]]

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 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.
    KDAQ submitted a SIP revision on April 25, 2013, to exempt Stage II 
vapor control requirements for the Enterprise Holdings, Inc., facility 
located at the Cincinnati/Northern Kentucky International Airport in 
Boone County. On May 16, 2013, EPA published a proposed rulemaking to 
approve Kentucky's April 25, 2013, SIP revision related to Stage II 
requirements at the Enterprise Holdings, Inc., facility. Detailed 
background for today's final rulemaking can be found in EPA's May 16, 
2013, proposed rulemaking. See 78 FR 28776. The comment period for this 
proposed rulemaking closed on June 17, 2013. 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 
Enterprise Holdings, Inc., 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 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 November 25, 2013. 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.

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

    Dated: September 11, 2013.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF 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 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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[[Page 58886]]

    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
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                                                State
     State citation         Title/subject     effective         EPA approval date              Explanation
                                                 date
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                                         Chapter 59 New Source Standards
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                                                  * * * * * * *
401 KAR 59:174.........  Stage II controls      04/25/13  09/25/13 [Insert citation of   Exemption from Stage II
                          at gasoline                      publication].                  vapor control
                          dispensing                                                      requirements for
                          facilities.                                                     rental fleet vehicle
                                                                                          refueling at the
                                                                                          Cincinnati/Northern
                                                                                          Kentucky International
                                                                                          Airport Enterprise
                                                                                          Holdings, Inc.,
                                                                                          facility.
 
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[FR Doc. 2013-22973 Filed 9-24-13; 8:45 am]
BILLING CODE 6560-50-P


