[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6496-6503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03078]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0389; FRL-9974-45--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 (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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) 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 proposing to approve this SIP 
revision and the corresponding non-interference demonstration because 
EPA has preliminarily determined that the revision is consistent with 
the applicable provisions of the CAA.

DATES: Comments must be received on or before March 7, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0389 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Dianna Myers, 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. Ms. Myers can be reached via telephone at (404) 562-9207 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is being proposed?

    This rulemaking proposes to approve Kentucky's September 13, 2017, 
SIP revision in support of Kentucky's petition to opt-out of the 
federal RFG requirements in Boone, Campbell, and Kenton Counties.\1\ 
Specifically, EPA is proposing to approve Kentucky's changes to the 
maintenance plan mobile emissions inventory and the associated MVEBs 
related to its redesignation request for the Kentucky portion of the 
Cincinnati-Hamilton 2008 8-hour ozone maintenance area to reflect 
removal of reliance on federal RFG requirements. As part of this 
proposed approval, EPA is also proposing to find that the Commonwealth 
has demonstrated that removing the federal RFG requirements in Boone, 
Campbell, and Kenton Counties will not interfere with attainment or 
maintenance of any national ambient air quality standards (NAAQS or 
standard) or with any other applicable requirement of the CAA.
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    \1\ Pursuant to 40 CFR 80.72(b), the Governor must submit a 
petition to the EPA Administrator requesting removal of any opt-in 
areas from the federal RFG program. The petition must include 
certain specified information and any additional information 
requested by the Administrator. As fully described in section III 
below, if RFG is relied upon as a control measure in any approved 
SIP or plan revision, the federal RFG program opt-out regulations 
require that a SIP revision must be submitted. Kentucky's 
maintenance plan relied upon RFG; as a result, Kentucky submitted 
this SIP revision. The decision on whether to grant the opt-out 
petition pursuant to 40 CFR 80.72(b) is at the discretion of the 
Administrator and will be made through a separate action.
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    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 estimates emissions through 2030 that modeled RFG because 
Kentucky previously opted into the RFG program. However, through this 
SIP revision, KDAQ is updating the mobile (on-road and non-road) 
emissions inventory for that maintenance plan (including the MVEBs) to 
reflect Kentucky's petition to opt-out of the RFG requirements for 
Boone, Campbell, and Kenton counties in the Northern Kentucky Area. The 
updates are summarized in Kentucky's submittal.
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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 support of the September 13, 2017, SIP revision, Kentucky has 
evaluated whether removing reliance on the federal RFG requirements 
would interfere with air quality in the Area. To make this 
demonstration of noninterference, Kentucky completed a technical 
analysis, including modeling, to estimate the change in emissions that 
would result from removing RFG from Boone, Campbell, and Kenton 
Counties in the Northern Kentucky Area.
    In the noninterference demonstration, Kentucky used EPA's Motor 
Vehicle Emissions Simulator (MOVES) to develop its projected emissions 
inventory according to EPA's guidance for on-road mobile sources using

[[Page 6497]]

MOVES version 2014a.\3\ Future-year on-road mobile source emissions 
estimates for volatile organic compounds (VOC) and nitrogen oxides 
(NOX) for years 2020 and 2030 were generated with MOVES2014a 
without RFG. Emissions estimates were interpolated for the year 2025. 
The noninterference demonstration showed compliance with and 
maintenance of the 2008 8-hour ozone NAAQS by showing that current and 
future emissions of NOX and VOC remain at or below the 2014 
base year emissions inventory without the use of RFG. For more detailed 
information on the current approved maintenance plan, see EPA's May 1, 
2017 (82 FR 20297), proposed approval of Kentucky's maintenance plan 
for the 2008 8-hour ozone NAAQS.
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    \3\ Kentucky used the NONROAD 2008 model within MOVES2014a to 
develop the non-road emissions inventory to reflect the emissions 
changes from removing RFG from the Northern Kentucky Area. Table 1 
reflects the emissions changes.
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    In this action, EPA is proposing to approve the revision to the 
Commonwealth's maintenance plan emissions inventory and associated 
MVEBs to remove reliance on emissions reductions from the federal RFG 
program requirements, and to find that Kentucky's noninterference 
demonstration supports the conclusion that removal of reliance on 
federal RFG requirements in Boone, Campbell, and Kenton Counties in the 
Northern Kentucky Area will not interfere with attainment or 
maintenance of any NAAQS or with any other applicable requirement of 
the CAA.

II. What is the background for the Northern Kentucky area?

    Northern Kentucky 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-hr 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).\4\ On August 5, 2010 (75 FR 47218), 
the Kentucky portion of the Cincinnati-Hamilton 1997 8-hour ozone area 
was redesignated to attainment. 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.
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    \4\ 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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    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.\5\ 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.
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    \5\ The 2008 8-hr ozone area included portions of Boone, 
Campbell, and Kenton Counties; Butler, Clermont, Clinton, Hamilton 
and Warren Counties in its entirety in Ohio; and a portion of 
Dearborn County in Indiana.
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III. What is the history of the reformulated gasoline requirement?

    The 1990 amendments to the CAA designed the RFG program to reduce 
ozone levels in the largest metropolitan areas in the country with the 
worst ground-level ozone or smog problems by reducing vehicle emissions 
of compounds that form ozone, specifically VOC. The 1990 CAA 
amendments, specifically section 211(k)(5), directed EPA to issue 
regulations that specify how gasoline can be ``reformulated'' so as to 
result in significant reductions in vehicle emissions of ozone-forming 
and toxic air pollutants relative to the 1990 baseline fuel, and to 
require the use of such reformulated gasoline in certain ``covered 
areas.'' The Act defined certain nonattainment areas as ``covered 
areas'' which are required to use RFG and provided other areas with an 
ability to ``opt-in'' to the federal RFG program.\6\ Of relevance here 
is CAA section 211(k)(6), which provides that upon application of the 
Governor of a State, the Administrator shall apply the prohibition 
contained in section 211(k)(5) for areas to ``opt-in'' to the federal 
RFG program. In 1993,\7\ the Governor of the Commonwealth of Kentucky 
petitioned the Administrator to ``opt-in'' to the RFG program for the 
Northern Kentucky Area which consisted of Boone, Campbell, and Kenton 
Counties.
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    \6\ CAA section 211(k)(5) prohibits the sale of conventional 
gasoline (i.e., gasoline that the EPA has not certified as 
reformulated) in certain ozone nonattainment areas beginning January 
1, 1995. CAA section 211(k)(10)(D) defines the areas initially 
covered by the federal RFG program as ozone nonattainment areas 
having a 1980 population in excess of 250,000 and having the highest 
ozone design values during the period 1987 through 1989. In 
addition, under CAA section 211(k)(10)(D), any area reclassified as 
a severe ozone nonattainment area under CAA section 181(b) is also 
included in the federal RFG program.
    \7\ A copy of Kentucky's letter is included in the docket.
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    EPA first published regulations for the federal RFG program on 
February 16, 1994 (59 FR 7716). These regulations constituted Phase I 
of a two-phase nationwide program. A current listing of the RFG 
requirements for states can be found on EPA's website at: https://www.epa.gov/gasoline-standards. The federal RFG regulations also 
contain provisions, at 40 CFR 80.72, establishing criteria and 
procedures for opting out of the program for those states that had 
previously voluntarily opted into the program (``opt-out provisions''). 
For example, the opt-out provisions require that a governor, or his or 
her authorized representative, submit an opt-out petition to the 
Administrator of the Agency. The opt-out petition must include certain 
information, including a description of how, if at all, reformulated 
gasoline has been relied upon as a control measure in any state or 
local implementation plan or in any proposed plan that is pending 
before EPA. This would include, for example, attainment as well as 
maintenance plans. The petition must also include an explanation of 
whether the state is

[[Page 6498]]

intending to submit a revision to an approved or pending plan that does 
not use RFG as a control measure, and a description of alternative air 
quality measures, if any, that will replace the use of RFG; a 
description of the current status of any proposed revision to an 
approved or pending plan that uses RFG; and a projected schedule for 
the plan revision submission. See 40 CFR 80.72(b)(3) and (b)(4).
    On April 18, 2017, Kentucky 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, this SIP revision is 
submitted in support of that petition (particularly the requirements of 
40 CFR 80.72(b)(3) and (b)(4)).\8\ 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, 
which cannot be less than 90 days from the effective date of the 
approval of the SIP revision that is the subject of today's proposal. 
EPA will also publish a notice in the Federal Register to notify the 
public of the effective date of any opt-out approval.
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    \8\ A copy of the opt-out petition is included in the docket.
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IV. What are the section 110(l) requirements?

    The modeling associated with KDAQ's maintenance plan for the 2008 
8-hour ozone NAAQS is premised upon the future-year emissions estimates 
for 2017, 2020, and 2030, which are based on the RFG requirement. To 
support Kentucky's requested SIP revision to remove the maintenance 
plan's reliance on the federal RFG requirements in Boone, Campbell, and 
Kenton Counties, the Commonwealth must demonstrate that the requested 
change will satisfy section 110(l) of the CAA. Section 110(l) requires 
that a revision to the SIP not interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in section 171), or any other applicable requirement of the 
Act. Kentucky submitted a non-interference demonstration with this SIP 
revision and EPA is proposing to find that the analysis demonstrates 
noninterference based on an evaluation of current air quality 
monitoring data and the information provided in the noninterference 
demonstration.
    EPA evaluates each section 110(l) noninterference demonstration on 
a case-by-case basis considering the circumstances of each SIP 
revision. EPA interprets section 110(l) as applying to all NAAQS that 
are in effect, including those that have been promulgated but for which 
EPA has not yet made designations. The degree of analysis focused on 
any particular NAAQS in a noninterference demonstration varies 
depending on the nature of the emissions associated with the proposed 
SIP revision. EPA's section 110(l) analysis of the noninterference 
demonstration included as part of Kentucky's September 13, 2017, SIP 
revision is provided below.

V. What is EPA's analysis of Kentucky's submittal?

a. Overall Preliminary Conclusions Regarding Kentucky's Noninterference 
Analyses
    The RFG program is designed to reduce ozone levels and air toxics 
in areas that are required to or volunteered to adopt the program. RFG 
gasoline reduces motor vehicle emissions of the ozone precursors, 
NOX and VOC (mainly VOC), through fuel reformulation. On 
September 13, 2017, KDAQ submitted a SIP revision along with a 
corresponding noninterference demonstration to support Kentucky's 
separate petition to opt-out of the RFG requirements for Boone, 
Campbell, and Kenton Counties. This noninterference demonstration 
includes an evaluation of the impact that removing RFG from these 
counties would have on the Area's ability to attain or maintain the 
2008 ozone NAAQS and any other NAAQS in the Kentucky Area.\9\ 
Kentucky's noninterference analysis also evaluated the impact of the 
removal of RFG on the Area's ability to attain or maintain the ozone, 
particulate matter (PM),\10\ nitrogen dioxide (NO2), sulfur 
dioxide (SO2), and carbon monoxide (CO) NAAQS.
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    \9\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2. RFG requirements do not have an impact on actual or 
modeled lead emissions.
    \10\ PM is composed of PM2.5 and PM10.
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    KDAQ's noninterference analysis utilized EPA's MOVES2014a emission 
modeling system to estimate emissions for years 2017, 2020, and 2030 
for on-road and non-road mobile sources. See Appendix E-1 and E-2 of 
the September 13, 2017, submittal for detailed modeling protocol.\11\ 
The NONROAD2008 model within MOVES2014a was used to model the non-road 
sources. These mobile source emissions are used as part of the 
evaluation of the potential impacts to the NAAQS that might result 
exclusively from removing the RFG requirements. NOX and VOC 
emissions were calculated for a typical summer July day.
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    \11\ The modeling results and original emissions inventories for 
the 2008 8-hr Redesignation Request and Maintenance Plan is included 
in the docket.
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    As summarized in Tables 1 and 2, below, the MOVES model projects 
small increases in on-road mobile source VOC and NOX 
emissions in the Northern Kentucky portion of the Cincinnati-Hamilton 
OH-IN-KY 2008 8-hour Ozone Area from removing the federal RFG 
requirements. On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. Daily on-road mobile VOC 
emissions are projected to increase by 0.25 ton in 2017 down to 0.05 
ton in 2030 during the high ozone season.\12\ Daily on-road 
NOX emissions are projected to increase by 0.29 ton in 2017 
down to 0.06 ton in 2030. The modeling shows an overall downward trend 
in on-road emissions from removing RFG from the area. Daily VOC 
emissions decrease by 64.5 percent and daily NOX emissions 
decrease by 74.6 percent.
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    \12\ High ozone season begins June 1st and ends September 15th 
of each year.

                                           Table 1--On-Road VOC Emissions RFG vs. Non-RFG Tons per Summer Day
                                                                          [TSD]
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                                                          2014            2017                  2020                  2025                  2030
                       Counties                       --------------------------------------------------------------------------------------------------
                                                          RFG        RFG      Non-RFG      RFG      Non-RFG      RFG      Non-RFG      RFG      Non-RFG
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone................................................       2.53       2.00       2.09       1.53       1.58       1.19       1.23       0.86       0.87
Campbell.............................................       1.58       1.18       1.23       0.90       0.93       0.70       0.73       0.51       0.52
Kenton...............................................       2.39       2.10       2.21       1.61       1.66       1.25       1.29       0.90       0.92
                                                      --------------------------------------------------------------------------------------------------

[[Page 6499]]

 
    NKY Totals \13\..................................       6.50       5.28       5.53       4.03       4.18       3.14       3.25       2.26       2.31
                                                      --------------------------------------------------------------------------------------------------
        Emissions Increase...........................  .........          0.25
                                                               0.15
                                                               0.11
                                                               0.05
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                                           Table 2--On-Road NOX Emissions RFG vs. Non-RFG Tons per Summer Day
                                                                          [TSD]
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                                                          2014            2017                  2020                  2025                  2030
                       Counties                       --------------------------------------------------------------------------------------------------
                                                          RFG        RFG      Non-RFG      RFG      Non-RFG      RFG      Non-RFG      RFG      Non-RFG
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone................................................       5.46       4.49       4.58       3.20       3.26       2.28       2.32       1.36       1.38
Campbell.............................................       3.41       2.55       2.60       1.82       1.86       1.30       1.32       0.77       0.78
Kenton...............................................       5.17       4.54       4.69       3.24       3.30       2.30       2.35       1.37       1.40
                                                      --------------------------------------------------------------------------------------------------
    NKY Totals.......................................      14.04      11.58      11.87       8.26       8.42       5.88       5.99       3.50       3.56
                                                      --------------------------------------------------------------------------------------------------
        Emissions Increase...........................  .........          0.29
                                                               0.16
                                                               0.11
                                                               0.06
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    Tables 3 and 4, below, show the total projected emissions of VOC 
and NOX from all sectors in the Northern Kentucky portion of 
the Cincinnati-Hamilton OH-KY-IN 2008 8-hour Ozone Area. Kentucky's 
emissions inventory for its portion of the Area provides 2011 
anthropogenic emissions data for NOX and VOC for the 
following general source categories: Point (Electric Generating Units 
and Non-Electric Generating Units and aircraft emissions),\14\ area, 
non-road mobile, and on-road mobile. All emissions information provided 
is based on the partial county boundaries, through the applicable 
census tracts, that comprise the Kentucky portion of the Area. Tables 3 
and 4, below, provides a summary of the emissions inventory.
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    \13\ The totals in the column may differ slightly from the 
submittal due to how the decimal places were truncated.
    \14\ The emissions inventories in Kentucky's submission identify 
aircraft emissions as a standalone category and refer to these 
emissions as ``air emissions'' for consistency with the inventories 
provided by Indiana and Ohio for their respective portions of the 
Area. Indiana Department of Environmental Management (IDEM) provided 
aircraft emissions data for Kentucky, and Kentucky included these 
emissions in Boone County where the Cincinnati/Northern Kentucky 
International Airport is located. EPA has included these emissions 
within the point source category per the AERR.
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    Emissions reported for 2014 assume the use of RFG for Boone, 
Campbell, and Kenton Counties whereas emissions from 2017 through 2030 
assume no RFG.

                   Table 3--Total VOC Emissions Projections All Sectors Northern Kentucky Area
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                           VOC                                2014       2017       2020       2025       2030
----------------------------------------------------------------------------------------------------------------
BOONE:
    EGU..................................................       0.16       0.16       0.16       0.16       0.16
    Non-EGU..............................................       1.57       1.57       1.57       1.57       1.57
    Air..................................................       0.42       0.44       0.45       0.26       0.06
    Non-road.............................................     * 1.30    ** 2.25    ** 2.06    ** 2.04    ** 2.01
    Area.................................................       2.56       2.46       2.41       2.38       2.36
    On-road..............................................     * 2.53    ** 2.09    ** 1.58    ** 1.23    ** 0.87
                                                          ------------------------------------------------------
        Total............................................       8.54       8.97       8.23       7.63       7.03
CAMPBELL:
    EGU..................................................       0.00       0.00       0.00       0.00       0.00
    Non-EGU..............................................       0.22       0.22       0.22       0.22       0.21
    Air..................................................       0.00       0.00       0.00       0.00       0.00
    Non-road.............................................     * 0.34    ** 0.55    ** 0.50    ** 0.49    ** 0.48
    Area.................................................       1.26       1.23       1.22       1.21       1.19
    On-road..............................................     * 1.58    ** 1.23     ** .93    ** 0.73    ** 0.52
                                                          ------------------------------------------------------
        Total............................................        3.4       3.23       2.87       2.65       2.40
KENTON:
    EGU..................................................       0.00       0.00       0.00       0.00       0.00
    Non-EGU..............................................       0.51       0.50       0.49       0.48       0.47
    Air..................................................       0.00       0.00       0.00       0.00       0.00
    Non-road.............................................     * 0.55    ** 1.01    ** 1.00    ** 1.05    ** 1.09
    Area.................................................       2.43       2.35       2.31       2.28       2.25

[[Page 6500]]

 
    On-road..............................................     * 2.39    ** 2.21    ** 1.66    ** 1.29    ** 0.92
                                                          ------------------------------------------------------
        Total............................................       5.88       6.07       5.46       5.10       4.73
                                                          ------------------------------------------------------
            NKY Total....................................      17.82      18.27      16.56      15.38      14.16
----------------------------------------------------------------------------------------------------------------
* With RFG.
** Without RFG.


                   Table 4--Total NOX Emissions Projections All Sectors Northern Kentucky Area
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                           NOX                                2014       2017       2020       2025       2030
----------------------------------------------------------------------------------------------------------------
BOONE:
    EGU..................................................       7.23       7.46       7.71       7.96       8.33
    Non-EGU..............................................       0.14       0.15       0.15       0.18       0.18
    Air..................................................       2.07       2.18       2.29       1.29       0.29
    Non-road.............................................     * 0.88    ** 1.60    ** 1.33    ** 1.17    ** 1.00
    Area.................................................       0.43       0.43       0.43       0.44       0.44
    On-road..............................................     * 5.46    ** 4.58    ** 3.26    ** 2.32    ** 1.38
                                                          ------------------------------------------------------
        Total............................................      16.21      16.40      15.17      13.35      11.62
CAMPBELL:
    EGU..................................................       0.00       0.00       0.00       0.00       0.00
    Non-EGU..............................................       0.17       0.17       0.17       0.17       0.17
    Air..................................................       0.00       0.00       0.00       0.00       0.00
    Non-road.............................................     * 0.32    ** 0.53    ** 0.45    ** 0.40    ** 0.35
    Area.................................................       0.49       0.49       0.49       0.49       0.49
    On-road..............................................     * 3.41    ** 2.60    ** 1.86    ** 1.32    ** 0.78
                                                          ------------------------------------------------------
        Total............................................       4.39       3.79       2.97       2.38       1.79
KENTON:
    EGU..................................................       0.00       0.00       0.00       0.00       0.00
    Non-EGU..............................................       0.01       0.01       0.01       0.01       0.01
    Air..................................................       0.00       0.00       0.00       0.00       0.00
    Non-road.............................................     * 0.64    ** 1.12    ** 0.93    ** 0.83    ** 0.73
    Area.................................................       1.02       1.02       1.02       1.02       1.02
    On-road..............................................     * 5.17    ** 4.69    ** 3.30    ** 2.35    ** 1.40
                                                          ------------------------------------------------------
        Total............................................       6.84       6.84       5.26       4.20       3.15
                                                          ------------------------------------------------------
        NKY Total........................................      27.44      27.03      23.40      19.93      16.56
----------------------------------------------------------------------------------------------------------------
* With RFG.
** Without RFG.

    There were little to no changes in NOX and VOC emissions 
from the point source categories that would impact the RFG removal in 
the Northern Kentucky Area. The original point source categories 
inventory contains actual point source emissions data for facilities 
located within the nonattainment boundary for the Kentucky portion of 
the Area based on the Kentucky Emissions Inventory database.\15\
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    \15\ As discussed above, EPA has included aircraft emissions 
within the point source category per the AERR.
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    Area sources are small emission stationary sources which, due to 
their large number, collectively have significant emissions (e.g., dry 
cleaners, service stations). The modeling results show a reduction in 
VOC emissions and little to no change in NOX emissions by 
removing RFG from these sources
    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use roadways (e.g., lawn mowers, construction equipment, and 
railroad locomotives). Modeling results indicate there are slight VOC 
emissions increases from removing RFG. From 2017 to 2030, the VOC 
emissions increases fall within a range of 0.22 tsd to 0.24 tsd in the 
Northern Kentucky Area. The NOX emissions remain the same 
from 2017 to 2030 when RFG is removed. See Appendix E-2 of the 
submittal.\16\
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    \16\ Appendix E-2 of the September 13, 2017 submittal details 
the increases in non-road emissions with and without RFG.
---------------------------------------------------------------------------

    Overall, the modeling shows VOC emissions decrease from the 2014 
attainment year to the 2030 ``out year'' by 3.66 tsd which is a 20.5 
percent reduction. NOX emissions also decrease from the 2014 
attainment year to the 2030 ``out year'' by 10.88 tsd which is a 39.7 
percent NOX reduction without RFG in the Northern Kentucky 
portion of the Cincinnati-Hamilton OH-KY-IN Area 2008 8-hour Ozone 
Area.
b. Noninterference Analysis for the Ozone NAAQS
    As a previous 1-hour ozone nonattainment area, Kentucky opted 
Boone, Campbell, and Kenton Counties into the federal RFG requirements 
for high ozone season gasoline to help bring the area into attainment 
for the 1-hour ozone NAAQS. This control measure

[[Page 6501]]

continues to apply in the Northern Kentucky Area because the 
Commonwealth did not, until now, petition for the removal of the 
federal RFG requirements. The RFG program has contributed toward 
lowering VOC and NOX emissions in the Northern Kentucky 
Area. Implementation of federal control measures such as Tier 3 Motor 
Vehicle Emissions and Fuel Standards,\17\ Heavy-Duty Engine and Vehicle 
Standards and Highway Diesel Fuel Sulfur Control Requirements,\18\ 
Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and 
Heavy-Duty Engines and Vehicles-Phase 2,\19\ and Model Year 2017 and 
Later Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average 
Fuel Economy Standards,\20\ along with fleet turnover, further reduced 
NOX and VOC emissions in the area. As a result, the Northern 
Kentucky Area was redesignated to attainment for the 1-hour ozone 
NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS. 
The Northern Kentucky Area is continuing to meet the 1-hour ozone NAAQS 
and the 1997 8-hour ozone NAAQS, even though these NAAQS have been 
revoked,\21\ as well as the 2008 8-hour ozone NAAQS, based on recent 
air quality monitoring data.\22\ The 2008 ozone NAAQS is met when the 
annual fourth-highest daily maximum 8-hour average concentration, 
averaged over 3 years is 0.075 ppm or less. The 2015 ozone NAAQS, as 
published in a final rule on October 26, 2015 (80 FR 65292), is met 
when the annual fourth-highest daily maximum 8-hour average 
concentration, averaged over 3 years is 0.070 ppm or less. The trend in 
monitoring levels for ozone for the Northern Kentucky portion of the 
Cincinnati-Hamilton OH-KY-IN Area is shown in Table 5, with the current 
monitoring levels for the Boone and Kenton County monitors for the 
period of 2014-2016 being 0.062 ppm and 0.070 ppm, respectively.
---------------------------------------------------------------------------

    \17\ 79 FR 23414.
    \18\ 66 FR 5002.
    \19\ 81 FR 73478.
    \20\ 77 FR 62624.
    \21\ 70 FR 44470 and 80 FR 12264, respectively.
    \22\ On May 4, 2016 (81 FR 26697), EPA determined the 
Cincinnati-Hamilton, OH-KY-IN Area attained the 2008 8-hr ozone 
NAAQS by the attainment date.

                                         Table 5--Monitoring Level Concentrations for the Northern Kentucky Area
                                                                          [ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   4th Highest 8-hour ozone value (ppm)            3-Year       3-Year
                                                                           ----------------------------------------------------    design       design
                                                                                                                                   values       values
                         Location                               Site ID                                                            (ppm)        (ppm)
                                                                                2013         2014         2015         2016    -------------------------
                                                                                                                                 2013-2015    2014-2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boone, KY.................................................     21-015-0003        0.059        0.062        0.063        0.061        0.061        0.062
Campbell, KY..............................................     21-037-3002        0.072        0.071        0.071        0.068        0.071        0.070
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA also evaluated the potential increase in the VOC and 
NOX precursor emissions and whether it is reasonable to 
conclude that the requested removal of the RFG requirements in Northern 
Kentucky during the high ozone season would cause the Area to violate 
any ozone NAAQS. Table 5 shows that there is an overall downward trend 
in ozone concentrations in the Northern Kentucky Area. This decline can 
be attributed to federal and state programs in addition to those 
mentioned above that have led to significant emissions reductions in 
ozone precursors, such as the federal interstate transport rule known 
as the Cross State Air Pollution Rule (CSAPR), federal standards in on-
road and non-road mobile source sectors such as the Corporate Average 
Fuel Economy (CAF[Eacute]) standards (See 75 FR 25324), and Tier Motor 
Vehicle Emissions and Fuel Standards (79 FR 23414). Given the results 
of Kentucky's emissions analysis, the downward trend in precursor 
emissions, and the current ozone concentrations in the Northern 
Kentucky Area, EPA is proposing to find that removing reliance on RFG 
requirements in Boone, Campbell, and Kenton Counties will not interfere 
with Kentucky's ability to maintain the 2008 8-hour ozone NAAQS.
c. Noninterference Analysis for the Carbon Monoxide NAAQS
    EPA initially established NAAQS for CO on April 30, 1971 (36 FR 
8186). The standards were set at 9 ppm as an 8-hour average and 35 ppm 
as a 1-hour average, neither to be exceeded more than once per year. On 
November 6, 1971 (56 FR 56694), EPA designated areas for the 8-hour CO 
NAAQS. The Northern Kentucky counties of Boone, Campbell, and Kenton 
have never been designated nonattainment for any CO NAAQS. EPA retained 
the 1-hour and 8-hour CO NAAQS on August 31, 2011, and Kentucky has 
continued to maintain compliance with the NAAQS due to non-RFG federal 
control measures put in place. RFG requirements will have little to no 
impacts on CO emissions because, as mentioned earlier, the RFG program 
was developed to address emissions of the ozone precursors, 
NOX and VOC. As a result, EPA is proposing to find that 
removing reliance on RFG requirements in Boone, Campbell, and Kenton 
Counties will not interfere with Kentucky's ability to continue 
attaining the CO NAAQS.
d. Noninterference Analysis for the Particulate Matter NAAQS
    The main precursor pollutants for PM2.5 are 
NOX, SO2, VOC, and ammonia. As mentioned above, 
the federal RFG requirements result in emissions benefits for VOC, 
NOX and air toxics. Over the course of several years, EPA 
has reviewed and revised the PM2.5 NAAQS a number of times. 
On July 16, 1997, EPA established an annual PM2.5 NAAQS of 
15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations, and a 24-hour 
PM2.5 NAAQS of 65 [mu]g/m\3\, based on a 3-year average of 
the 98th percentile of 24-hour concentrations. See 62 FR 36852 (July 
18, 1997). On September 21, 2006, EPA retained the 1997 Annual 
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour 
PM2.5 NAAQS to 35 [mu]g/m\3\, based again on a 3-year 
average of the 98th percentile of 24-hour concentrations. See 71 FR 
61144 (October 17, 2006). The 1997 Annual PM2.5 NAAQS has 
been revoked for all purposes effective October 24, 2016 (81 FR 58010). 
On December 14, 2012, EPA retained the 2006 24-hour PM2.5 
NAAQS of 35 [mu]g/m\3\ but revised the annual primary PM2.5 
NAAQS to 12.0 [mu]g/m\3\, based again on a 3-year average of annual 
mean PM2.5

[[Page 6502]]

concentrations. See 78 FR 3086 (January 15, 2013). The Northern 
Kentucky area was designated as unclassifiable/attainment on April 15, 
2015 (80 FR 18535).
    PM2.5 levels across Kentucky declined from 1999 to 2016. 
In 2016, there were 19 PM2.5 monitors in Kentucky including 
one in Campbell County. The Campbell County PM2.5 monitor 
calculated a 3-weighted average design value of 8.9 [mu]g/m\3\. The 
largest sources of PM2.5 in Kentucky are from fires, 
agriculture, dust, fuel combustion, and industrial processes.\23\ 
Moreover, there have been a number of studies which have indicated that 
SO2 is the primary driver of PM2.5 formation in 
the Southeast.\24\ Opting out of the RFG requirements in the Area will 
have little to no impact on the precursor emissions as indicated by the 
decline in VOC and NOX emissions in Tables 3 and 4 above.
---------------------------------------------------------------------------

    \23\ https://www.epa.gov/air-emissions-inventories/air-emissions-sources.
    \24\ See, e.g., Quantifying the sources of ozone, fine 
particulate matter, and regional haze in the Southeastern United 
States, Journal of Environmental Engineering (June 24, 2009), 
available at: http://www.sciencedirect.com/science/article/pii/S0301479709001893?via%3Dihub.
---------------------------------------------------------------------------

    Based on this information and the current attainment status of the 
Cincinnati-Hamilton OH-KY-IN 2012 p.m.2.5 Area, EPA is 
proposing to find that removing reliance on RFG requirements in Boone, 
Campbell, and Kenton Counties will not interfere with Northern 
Kentucky's ability to maintain the 2012 PM2.5 NAAQS.
e. Noninterference Analysis for the 2010 NO2 NAAQS
    On February 9, 2010 (75 FR 6474), EPA strengthen the NO2 
standards. All of the counties in Kentucky were designated 
unclassifiable/attainment for the 2010 NO2 NAAQS on February 
17, 2012 (77 FR 9532). There are both primary and secondary standards 
for NO2. The primary NAAQS is an annual arithmetic mean that 
must not exceed 53 parts per billion (ppb). A 3-year average of the 
98th percentile of daily maximum 1-hr averages must not exceed 100 ppb. 
The secondary standard is an annual arithmetic mean that must not 
exceed 53 ppb. In 2016, Kentucky operated seven NO2 
monitors, including one in Campbell County. The 2014-2016 1-hr average 
design value for the Campbell County NO2 monitor is 30 ppb, 
with an annual mean of 2.31 ppb. Both of these values are significantly 
below the respective standards of 100 ppb and 53 ppb. Based on the 
technical analysis in Kentucky's September 13, 2017, noninterference 
demonstration, as shown in Table 4, there is a reduction in 
NOX emissions from the 2014 attainment year to the 2030 
``out year'' from 27.44 tsd to 16.56 tsd which is a 39.7 percent 
reduction overall.
    Based on the amount of NOX reductions, the use of 
pollution control devices on power plants, industrial boilers, fleet 
turnover, and other federal control measures for motor vehicles, EPA is 
proposing to find that removing reliance on RFG requirements in Boone, 
Campbell and Kenton Counties will not interfere with Kentucky's ability 
to continue attaining the 2010 NO2 NAAQS in the Northern 
Kentucky Area.
f. Noninterference Analysis for the SO2 NAAQS
    On June 22, 2010 (75 FR 35520), EPA revised the SO2 
standard. There are both primary and secondary standards for 
SO2. The primary SO2 NAAQS is a 3-year average of 
the 99th percentile of the daily maximum 1-hour concentration not to 
exceed 75 ppb. The secondary standard is a 3-hour concentration not to 
exceed 0.5 ppm more than once per year. In 2016, Kentucky operated 12 
SO2 monitors, including one in Campbell County. The Campbell 
County SO2 monitor has a 2014-2016 design value of 30 ppb 
for the 1-hour SO2 NAAQS.
    Based on the monitoring/modeling data, EPA is proposing to find 
that removing reliance on RFG requirements in Boone, Campbell, and 
Kenton Counties will not interfere with Kentucky's ability to maintain 
the SO2 NAAQS.

VI. Proposed Action

    EPA is proposing to approve Kentucky's revision to its maintenance 
plan and corresponding noninterference demonstration, submitted on 
September 13, 2017, in support of Kentucky's separate petition to opt-
out of the federal RFG requirements for Boone, Campbell, and Kenton 
Counties. Specifically, EPA is proposing to find that this change in 
removing reliance on the federal RFG requirements for Boone, Campbell, 
and Kenton Counties will not interfere with attainment or maintenance 
of the NAAQS or with any other applicable requirement of the CAA. 
Kentucky's September 13, 2017, SIP revision updates its maintenance 
plan and the associated MVEBs related to Kentucky's redesignation 
request for the Kentucky portion of the 2008 Cincinnati-Hamilton OH-IN-
KY 8-hour Ozone Area to reflect emissions changes for opting out of the 
federal RFG requirements. EPA is proposing to approve the changes to 
update the 2008 maintenance plan and associated 2020 and 2030 MVEBs. 
The same criteria used to develop the MVEBs in the original SIP are 
used for this SIP revision. See Table 6 below.

              Table 6--Updated MVEBs for the Kentucky Portion of Cincinnati-Hamilton, OH-KY-IN Area
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                               2020                            2030
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions...............................            8.42            4.17            3.56            2.31
Safety Margin...................................             .61             .19            1.63             .55
MVEBs with Safety Margin........................            9.03            4.36            5.19            2.86
----------------------------------------------------------------------------------------------------------------

    EPA has preliminarily determined that Kentucky's September 13, 
2017, SIP revision is consistent with the applicable provisions of the 
CAA, including section 110(l). In this action, EPA is not proposing to 
act on the Commonwealth's opt-out petition to the EPA Administrator to 
remove the federal RFG requirement for Boone, Campbell, and Kenton 
Counties. Any decision by the Administrator on the opt-out petition 
would occur in a separate action.

VII. 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,

[[Page 6503]]

EPA's role is to approve state choices, provided that they meet the 
criteria of the CAA. This action merely proposes to approve changes to 
the Commonwealth's maintenance plan emissions inventory and associated 
MVEBs to remove reliance on emissions reductions from the federal RFG 
program requirements. For that reason, this proposed 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 
rulemaking 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.

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: February 6, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-03078 Filed 2-13-18; 8:45 am]
 BILLING CODE 6560-50-P


