[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Page 39456]
[FR Doc No: 2014-16167]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent to Release Airport Property for Non-Aeronautical
Use; Manchester Regional Airport, Manchester, NH

    Authority:  49 U.S.C. 47107(h).

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for comments on proposal to use airport land for non-
aeronautical use.

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SUMMARY: The Federal Aviation Administration is considering a proposal
to release approximately 1.0 acres of airport property for non-
aeronautical use at the Manchester Regional Airport, Manchester, NH.
The acre released is currently used as a buffer zone to adjacent
wetlands and would be exchanged for approximately 4.3 acres of land
that would be used for the same purpose. The FAA invites public comment
on this proposal.

DATES: Comments must be received on or before August 11, 2014.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Thomas Vick, Compliance and Land Use
Specialist, New England Region Airports Division, 12 New England
Executive Park, Burlington, MA 01803. Telephone:<PHONE_NUMBER>; Fax 781-
238-7608.

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 106-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register not less than 30 days before the
Secretary may waive any condition imposed on a federally obligated
airport by grant agreements. The FAA invites public comment, in
accordance with section 47107(h) of Title 49 of the United States Code,
on the request to a land release and exchange at the Manchester-Boston
Regional Airport for use as wetland mitigation under the provisions of
AIR 21.
    The Manchester-Boston Regional Airport has requested to release
approximately 1.0 acres of airport land from federal obligations and to
exchange that acre with approximately 4.3 acres of land currently owned
by the Peter J. King Irrevocable Trust of 1988. The 1.0 acres to be
released was purchased by the Airport as part of the Trolley Crossing
mitigation site for the Airport's previous extension of Runway 35, and
is located in the Town of Londonderry, Rockingham County, NH. The
parcel is part of a larger property parcel currently depicted on the
Airport Layout Plan of record as Number 64. That larger parcel is
identified as Town of Londonderry, Rockingham County, Tax Map 14, Lot
49-1. The 1.0 acres in question is located within the larger parcel,
and is considered ``buffer'' to the wetland portion of the Trolley
Crossing mitigation site. The approximately 4.3 acres of land that
would be exchanged and given to the Airport from the Trust is similar
in nature and also serves as buffer to the wetland portion of the
Trolley Crossing mitigation site. That 4.3 acre parcel is also located
in the Town of Londonderry, NH, within the parcel identified as Tax Map
14, Lot 49.
    The Airport has requested this exchange to allow Prologis
Management, LLC, to lease and develop approximately 48 acres of the
Trust property for a logistics center. The 1.0 acres of airport
property is necessary for the development of the center. As part of
this proposal, the Federal and State agencies that participated in the
environmental study for the Runway 35 extension have reviewed this
proposal. All interested agencies have concurred that there would be no
adverse environmental impacts as a result of this land exchange and
that the proposed release and exchange of 1.0 acres for 4.3 acres of
similarly situated land would be beneficial for the Runway 35 extension
mitigation site. The Airport also completed a Real Estate Appraisal
Report for the parcels. The appraisal was conducted in accordance with
the Uniform Standards of Professional Appraisal Practice (USPAP). The
appraisal concludes that the Manchester-Boston Regional Airport will
receive additional value for the land that it is acquiring in this
proposed release and exchange.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT. All comments will be considered by the FAA to the
extent practicable.

    Issued in Burlington, Massachusetts, July 2, 2014.
Bryon H. Rakoff,
Acting Manager, New England Airports Division.
[FR Doc. 2014-16167 Filed 7-9-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Rules and Regulations]
[Pages 32293-32294]
[FR Doc No: 2020-11462]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1141

[Docket No. FDA-2019-N-3065]
RIN 0910-AI39

Tobacco Products; Required Warnings for Cigarette Packages and
Advertisements; Delayed Effective Date

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with an order issued by the U.S. District Court
for the Eastern District of Texas, this action delays the effective
date of the final rule (``Tobacco Products; Required Warnings for
Cigarette Packages and Advertisements''), which published on March 18,
2020, from June 18, 2021, to October 16, 2021.

DATES: The effective date of the rule amending 21 CFR part 1141
published at 85 FR 15638, March 18, 2020, is delayed until October 16,
2021.

FOR FURTHER INFORMATION CONTACT: Courtney Smith, Office of Regulations,
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, Bldg. 71, Rm. G335, 10903 New

Hampshire Ave., Silver Spring, MD 20993-0002, 1-877-287-1373,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of March 18, 2020,
the Food and Drug Administration (FDA or Agency) issued a final rule
establishing new cigarette health warnings for cigarette packages and
advertisements. The final rule implements a provision of the Family
Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub.
L. 111-31) that requires FDA to issue regulations requiring color
graphics depicting the negative health consequences of smoking to
accompany new textual warning label statements. The Tobacco Control Act
amends the Federal Cigarette Labeling and Advertising Act of 1965 to
require each cigarette package and advertisement to bear one of the new
required warnings. The final rule specifies the 11 new textual warning
label statements and accompanying color graphics. Pursuant to section
201(b) of the Tobacco Control Act, the rule was published with an
effective date of June 18, 2021, 15 months after the date of
publication of the final rule.
    On April 3, 2020, the final rule was challenged in the U.S.
District Court for the Eastern District of Texas.\1\ Due to the COVID-
19 pandemic and its impacts, on May 8, 2020, the court granted a joint
motion to govern proceedings in that case and postpone the effective
date of the final rule by 120 days.\2\ The court ordered that the new
effective date of the final rule is postponed to October 16, 2021.
Pursuant to the court order, any obligation to comply with a deadline
tied to the effective date is similarly postponed, and those
obligations and deadlines are now tied to the postponed effective date.
---------------------------------------------------------------------------

    \1\ R.J. Reynolds Tobacco Co. et al. v. United States Food and
Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. filed April
3, 2020).
    \2\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
8, 2020) (order granting joint motion and establishing schedule),
Doc. No. 33.
---------------------------------------------------------------------------

    To the extent that 5 U.S.C. 553 applies to this action, the
Agency's implementation of this action without opportunity for public
comment, effective immediately upon publication today in the Federal
Register, is based on the good cause exception in 5 U.S.C. 553(b)(B).
Seeking public comment is impracticable, unnecessary, and contrary to
the public interest. The 120-day postponement of the effective date,
until October 16, 2021, is required by court order in accordance with
the court's authority to postpone a rule's effective date ``on such
conditions as may be required and to the extent necessary to prevent
irreparable injury'' pending judicial review (5 U.S.C. 705). Seeking
prior public comment on this postponement would have been
impracticable, as well as contrary to the public interest in the
orderly issue and implementation of regulations.

    Dated: May 22, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-11462 Filed 5-28-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61468]
[DOCID:fr05oc10-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2946-000]

Corinth Energy, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

September 29, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Corinth Energy, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is October 19, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24968 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33803-33804]
[FR Doc No: 2017-15370]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0594]

Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper
Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV

AGENCY: Coast Guard, DHS.

ACTION:  Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Upper Ohio
Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage
Festival Fireworks on the Ohio River mile 90.0 to 90.5. The safety zone
is necessary to provide for the safety of life and to protect vessels
from the hazards associated with the ``Upper Ohio Valley

Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival
Fireworks'' land-based fireworks display. During the enforcement
period, entry into the safety zone is prohibited for all vessels not
registered with the sponsor as participants or official patrol vessels,
unless specifically authorized by the Captain of the Port Marine Safety
Unit Pittsburgh (COTP) or a designated representative.

DATES: The regulations in 33 CFR 165.801, Table 1, line 14, will be
enforced from 9 p.m. through 10:30 p.m., on July 22, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email MST1 Jennifer Haggins, Marine
Safety Unit Pittsburgh, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the annual ``Upper Ohio Valley Italian Heritage Festival/Upper Ohio
Valley Italian Heritage Festival Fireworks'' land based fireworks
display, listed in the regulations in 33 CFR 165.801, Table 1, Sector
Ohio Valley, line 14 from 9 p.m. through 10:30 p.m., on July 22, 2017.
Our Sector Ohio Valley Annual and Recurring Safety Zones, Sec.
165.801, specifies the location of the regulated area for the Ohio
River, Mile 90.0 to 90.5. Entry into the safety zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative. Persons or vessels
desiring to enter into or passage through the safety zone must request
permission from the COTP or a designated representative. If permission
is granted, all persons and vessels shall comply with the instructions
of the COTP or designated representative.
    This notice of enforcement is issued under authority of 33 CFR
165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard will provide advance
notification of this enforcement period via Local Notice to Mariners
and updates via Marine Information Broadcasts.

    Dated: June 28, 2017.
F. Smith,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port Marine
Safety Unit Pittsburgh, Acting.
[FR Doc. 2017-15370 Filed 7-20-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Rules and Regulations]
[Page 66681-66685]
[DOCID:fr16no06-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0497; FRL-8243-2]
RIN 2060-AN96

Standards of Performance for Industrial-Commercial-Institutional
Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: New source performance standards (NSPS) limiting emissions of,
among other pollutants, nitrogen oxides (NOX) from
industrial-commercial-institutional steam generating units capable of
combusting more than 100 million British thermal units (Btu) per hour
were promulgated on November 25, 1986. The standards limit
NOX emissions from the combustion of fossil fuels either
solely or in combination with other fuels or wastes. The standards
include provisions for the establishment of facility-specific
NOX standards for steam generating units which
simultaneously combust fossil fuel and chemical byproduct/waste under
certain conditions. This amendment promulgates a facility-specific
NOX standard for a steam generating unit which
simultaneously combusts fossil fuel and chemical byproduct offgas at
the Innovene USA LLC facility located in Lima, Ohio.

DATES: This direct final rule will be effective on January 16, 2007
without further notice, unless EPA receives material adverse comments
by December 18, 2006, unless a hearing is requested by November 27,
2006. If a timely hearing request is submitted, the hearing will be
held on December 1, 2006 and we must receive written comments on or
before January 2, 2007. If EPA receives such comments, it will publish
a timely withdrawal in the Federal Register indicating the amendment is
being withdrawn due to adverse comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0497, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460. Please include a total of two
copies.
     Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, 1301 Constitution Avenue, NW., Room B102, Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
    We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0497. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 information that you
consider to be CBI or otherwise protected through http://www.regulations.gov, or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation

Docket, EPA/DC,

EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

    Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to visit the Public Reading Room to
view documents. Consult EPA's Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm
 for current information on docket status, locations, and

telephone numbers. The Docket Center's mailing address for U.S. mail
and the procedure for submitting comments to http://www.regulations.gov
 are not affected by the flooding and will remain

the same.

FOR FURTHER INFORMATION CONTACT: Mr. James A. Eddinger, Energy
Strategies Group, Emission Standards Division (D243-01), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; facsimile number (919) 541-
5450; electronic mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Regulated Entities. The only regulated entity that will be affected
by this direct final rule amendment is the Innovene USA facility
located in Lima, Ohio.
    Comments. We are publishing this direct final rule without prior
proposal because we view it as noncontroversial and do not anticipate
adverse comments. However, in the Proposed Rules section of today's
Federal Register, we are publishing a separate document that will serve
as the proposal in the event that adverse comments are filed. If we
receive any adverse comments on a specific element of this direct final
rule, we will publish a timely withdrawal in the Federal Register
informing the public that the amendment is being withdrawn due to
adverse comment. We will address all public comments in a subsequent
final rule based on the proposed rule. The amendment in this direct
final rule will become effective on the date set out above if we do not
receive adverse comment. We will not institute a second comment period
on this direct final rule. Any parties interested in commenting must do
so at this time.
    World Wide Web (WWW). In addition to being available in the docket,
electronic copies of this direct final rule will be posted on the
Technology Transfer Network's (TTN) policy and guidance information
page http://www.epa.gov/ttn/oarpg. The TTN provides information and

technology exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of this direct final rule is available only on
the filing of a petition for review in the U.S. Court of Appeals for
the District of Columbia Circuit by January 16, 2007. Under section
307(d)(7)(B) of the CAA, only an objection to this direct final rule
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements that are subject to this
action may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.
    Organization of This Document. The following outline is provided to
aid in locating information in this preamble.

I. Background
II. What Is EPA Finalizing Under This Action?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    The objective of the NSPS, promulgated on November 25, 1986, is to
limit NOX emissions from the combustion of fossil fuel. For
steam generating units combusting byproduct/waste, the requirements of
the NSPS vary depending on the mode of operation of the steam
generating units. During periods when only fossil fuel is combusted,
the steam generating unit must comply with the NOX emission
limits in the NSPS for fossil fuel. During periods when only byproduct/
waste is combusted, the steam generating unit may be subject to other
requirements or regulations which limit NOX emissions, but
it is not subject to NOX emission limits under the NSPS. In
addition, if the steam generating unit is subject to federally
enforceable permit conditions limiting the amount of fossil fuel
combusted in the steam generating unit to an annual capacity factor of
10 percent or less, the steam generating unit is not subject to
NOX emission limits under the NSPS when it simultaneously
combusts fossil fuel and byproduct/waste.
    With the exception noted above, during periods when fossil fuel and
byproduct/waste are simultaneously combusted in a steam generating
unit, the unit must generally comply with NOX emission
limits under 40 CFR 60.44b(e) of the NSPS. Under 40 CFR 60.44b(e) the
applicable NOX emission limit depends on the nature of the
byproduct/waste combusted. In some situations, however, ``facility-
specific'' NOX emission limits developed under 40 CFR
60.44b(f) may apply. The order for determining which NOX
emission limit applies is as follows. A steam generating unit
simultaneously combusting fossil fuel and byproduct/waste is expected
to comply with the NOX emission limit under 40 CFR
60.44b(e); only in a few situations may NOX emission limits
developed under 40 CFR 60.44b(f) apply. An equation in 40 CFR 60.44b(e)
is included to determine the NOX emission limit applicable
to a steam generating unit when it simultaneously combusts fossil fuel
and byproduct/ waste.
    Only where a steam generating unit which simultaneously combusts
fossil fuel and byproduct/waste is unable to comply with the
NOX emission limit determined under 40 CFR 60.44b(e), might
a facility-specific NOX emission limit under 40 CFR
60.44b(f) apply. That section permits a steam generating unit to
petition the Administrator for a facility-specific NOX
emission limit. A facility-specific NOX emission limit will
be proposed and promulgated by the Administrator for the steam
generating unit only where the petition is judged to be complete. To be
considered complete, a petition for a facility-specific NOX
standard under 40 CFR 60.44b(f) consists of three components. To
satisfy the first component, the steam generating unit must demonstrate
compliance with the NOX emission limit when combusting
fossil fuel alone. This provision ensures that the steam generating
unit has installed best demonstrated NOX control technology,
identified the NOX control technology, and identified the
manner in which this technology is operated to achieve compliance with
the NOX emission limit for fossil fuel.
    To satisfy the second component, the steam generating unit must
demonstrate

that the NOX control technology does not comply with the
NOX emission limit when the unit simultaneously combusts
fossil fuel and chemical byproduct/ waste. The unit must demonstrate
this non-compliance under the same operating conditions used to
demonstrate compliance with fossil fuel alone. In addition, the steam
generating unit must identify what unique and specific properties of
the chemical byproduct/waste are responsible for preventing compliance
with the NOX emission limit for fossil fuel. Byproduct/waste
is defined in subpart Db as being a liquid or gaseous substance.
    Thirdly, the steam generating unit must provide data and/or
analyses to support a facility-specific NOX standard that
represents the emissions while simultaneously combusting fossil fuel
and chemical byproduct/waste. The unit must perform these analyses
while operating the NOX control technology under the same
conditions used to demonstrate compliance with the NOX
emission limit for fossil fuel, if only fossil fuel were combusted. In
addition to identifying the NOX emission limit, the unit
must identify appropriate testing, monitoring, reporting and
recordkeeping procedures to ensure proper operation of the
NOX control technology and minimize NOX emissions
at all times.
    Upon receipt of a complete petition, the Administrator will propose
a facility-specific NOX standard for the steam generating
applicable during those times when it simultaneously combusts chemical
byproduct/waste with fossil fuel. The NOX standard will
include the NOX emission limit(s) and/or operating parameter
limit(s) to ensure proper operation of the NOX control
technology at all times, as well as appropriate testing, monitoring,
reporting and recordkeeping requirements.
    Innovene USA LLC has submitted a petition requesting that EPA adopt
a facility-specific NOX standard for the absorber offgas
incinerator (AOGI) at its acrylonitrile production process facility in
Lima, Ohio. The AOGI contains a steam generating heat recovery section
which qualifies the AOGI as a steam generating unit subject to NSPS
subpart Db. The AOGI combusts natural gas to incinerate the offgas from
the reactor and absorber section of the acrylonitrile production
process. The AOGI was installed to destroy the volatile organic
compounds and hazardous air pollutants (HAP) in the vent stream
generated by the acrylonitrile manufacturing process. While the AOGI is
designed to comply with Subpart Db while firing natural gas, the
combustion of the offgas with natural gas in the AOGI results in a
NOX emission rate in excess of the NSPS limit.

II. What Is EPA Finalizing Under This Action?

    Based on a review of the Innovene USA's petition for an alternative
NOX standard, EPA's Office of Air Quality Planning and
Standards has determined the petition to be complete and an alternative
facility-specific standard to be appropriate. This determination is
appropriate because the AOGI is designed to minimize the formation of
NOX from the combustion of the fuel as well as the formation
of NOX generated by the nitrogen bound organic compounds in
the offgas. The alternative NOX standard is based on
analysis of NOX emissions continuously monitored during
operation of the AOGI while burning the offgas. An alternative
NOX standard of 1.5 pounds per million Btu heat input is
provided in the final rule amendment. EPA also indicates reporting and
recordkeeping requirements for the owner or operator of the AOGI.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action imposes no new information collection requirements on
the industry. Because there is no additional burden on the industry as
a result of this action, the information collection requests have not
been revised. However, the Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in the existing regulations 40 CFR Part 60, Subpart Db under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0072, EPA ICR number 1088.10. A
copy of the OMB approved Information Collection Request (ICR) may be
obtained from Susan Auby, Collection Strategies Division; U.S.
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 or by calling<PHONE_NUMBER>.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for our
regulations are listed in 40 CFR part 9 and 40 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the direct final rule on
small entities, small entity is defined as: (1) A small business whose
parent company has fewer than 100 or 1,000 employees, or fewer than 4
billion kilowatt-hr per year of electricity usage, depending on the
size definition for the affected North American Industry Classification
System code; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of the direct final rule on
small entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. This direct
final rule will not impose any requirements on small entities because
it does not impose any additional regulatory requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost effective, or least burdensome alternative
that achieves the objective of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost effective, or least burdensome alternative if the
Administrator publishes with this final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed,
under section 203 of the UMRA, a small government agency plan. The plan
must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of our regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
    EPA has determined that this direct final rule amendment does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year, nor does this direct
final rule significantly or uniquely impact small governments, because
it contains no requirements that apply to such governments or impose
obligations upon them. Thus, the requirements of sections 202 and 205
of the UMRA do not apply to the direct final rule.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires us to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    This direct final rule does not have federalism implications. It
will not have new substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This action codifies
a facility-specific NOX standard. There are minimal, if any,
impacts associated with this action. Thus, Executive Order 13132 does
not apply to the direct final rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.''
    This direct final rule does not have tribal implications. It will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to the direct final rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives we considered.
    We interpret Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This direct final rule is
not subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This direct final rule is not subject to Executive Order 13211 (66
FR 28355, May 22, 2001) because it is not a significant regulatory
action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in our regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to OMB, with explanations when an
agency does not use available and applicable voluntary consensus
standards.
    These direct final rule amendments do not involve technical
standards. Therefore, this direct final rule is not subject to NTTAA.

J. Congressional Review Act

    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
direct final rule 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 this direct final rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register.

This direct final rule is not a ``major rule'' as defined by 5 U.S.C.
section 804(2). The direct final rule amendments are effective on
January 16, 2007.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: November 9, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 60 of
the Code of Federal Regulations is amended to read as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart Db--[Amended]

0
2. Section 60.49b is amended by adding paragraph (y) to read as
follows:

Sec.  60.49b  Reporting and recordkeeping requirements.

* * * * *
    (y) Facility-specific nitrogen oxides standard for Innovene USA's
AOGI located in Lima, Ohio:
    (1) Standard for nitrogen oxides. (i) When fossil fuel alone is
combusted, the nitrogen oxides emission limit for fossil fuel in Sec.
60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct/waste are
simultaneously combusted, the nitrogen oxides emission limit is 645 ng/
J (1.5 lb/million Btu).
    (2) Emission monitoring for nitrogen oxides. (i) The nitrogen
oxides emissions shall be determined by the compliance and performance
test methods and procedures for nitrogen oxides in Sec.  60.46b.
    (ii) The monitoring of the nitrogen oxides emissions shall be
performed in accordance with Sec.  60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or
operator of the AOGI shall submit a report on any excursions from the
limits required by paragraph (x)(2) of this section to the
Administrator with the quarterly report required by paragraph (i) of
this section.
    (ii) The owner or operator of the AOGI shall keep records of the
monitoring required by paragraph (x)(3) of this section for a period of
2 years following the date of such record.
    (iii) The owner or operator of the AOGI shall perform all the
applicable reporting and recordkeeping requirements of this section.

[FR Doc. E6-19386 Filed 11-15-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Proposed Rules]
[Pages 6496-6503]
[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.

-----------------------------------------------------------------------

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<PHONE_NUMBER> 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

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.
---------------------------------------------------------------------------

    \8\ A copy of the opt-out petition is included in the docket.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \11\ The modeling results and original emissions inventories for
the 2008 8-hr Redesignation Request and Maintenance Plan is included
in the docket.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          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
                                                      --------------------------------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                           Table 2--On-Road NOX Emissions RFG vs. Non-RFG Tons per Summer Day
                                                                          [TSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

    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\
---------------------------------------------------------------------------

    \15\ As discussed above, EPA has included aircraft emissions
within the point source category per the AERR.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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

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

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,

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