[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58884-58886]
[FR Doc No: 2013-22973]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval and Promulgation of Implementation Plans; Kentucky;
Stage II Requirements for Enterprise Holdings, Inc. at Cincinnati/
Northern Kentucky International Airport in Boone County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve a source-specific State
Implementation Plan (SIP) revision submitted to EPA by the Commonwealth
of Kentucky, through the Kentucky Division for Air Quality (KDAQ) on
April 25, 2013, for the purpose of exempting an Enterprise Holdings,
Inc., facility from the Clean Air Act (CAA or Act) Stage II vapor
control requirements. The subject Enterprise Holdings, Inc., facility
is currently being constructed at the Cincinnati/Northern Kentucky
International Airport in Boone County, Kentucky. EPA's approval of this
revision to Kentucky's SIP is based on the December 12, 2006, EPA
policy memorandum from Stephen D. Page, entitled ``Removal of Stage II
Vapor Recovery in Situations Where Widespread Use of Onboard Refueling
Vapor Recovery is Demonstrated.'' This action is being taken pursuant
to the CAA.

DATES: Effective Date: This rule will be effective October 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0271. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding this source
specific SIP revision, contact Ms. Kelly Sheckler, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sheckler's
telephone number is<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Under the CAA Amendments of 1990, EPA designated and classified
three Kentucky Counties (Boone, Campbell and Kenton) and four Ohio
Counties (Butler, Clermont, Hamilton and Warren) as a ``moderate''
nonattainment area for the 1-hour ozone national ambient air quality
standards (NAAQS) as part of the Cincinnati/Northern Kentucky Area. See
56 FR 56694, effective January 6, 1992. The designation was based on
the Area's 1-hour ozone design value of 0.157 parts per million for the
three year period of 1988-1990.
    Pursuant to the requirements of section 182(b)(3) of the CAA, KDAQ
developed the Kentucky Administrative Regulation (KAR) 401 KAR 59:174
Stage II controls at gasoline dispensing facilities, and submitted the
rule to EPA for approval as part of Kentucky's ozone SIP. The rule was
adopted by Kentucky on January 12, 1998, and approved by EPA into the
SIP on December 8, 1998. See 63 FR 67586. Under this regulation,
gasoline dispensing facilities with a monthly throughput of 25,000
gallons or more located in a Kentucky County in which the entire County
is classified as severe, serious, or moderate nonattainment for ozone
are required to install Stage II vapor recovery systems.
    On October 29, 1999, KDAQ submitted to EPA an ozone maintenance
plan and request for redesignation of the Kentucky portion of
Cincinnati/Northern Kentucky area to attainment. At that time the area
had three years of attaining data (1996-1998) and Kentucky had
implemented all measures then required by the CAA for

a moderate 1-hour ozone nonattainment area. The maintenance plan, as
required under section 175A of the CAA, showed that nitrogen oxides and
volatile organic compounds (VOC) emissions in the Area would remain
below the 1990 ``attainment year's'' levels. In making these
projections KDAQ factored in the emissions benefit (primarily VOC) of
the Area's Stage II program, and did not remove this program from the
Kentucky SIP. The redesignation request and maintenance plan were
approved by EPA, effective June 19, 2000 (65 FR 37879).
    Since the Kentucky Stage II program was already in place and had
been included in the Commonwealth's October 29, 1999, redesignation
request and 1-hour ozone maintenance plan for the Area, KDAQ elected
not to remove the program from the SIP at that time. On April 6, 1994,
EPA promulgated regulations requiring the phase-in of onboard refueling
vapor recovery (ORVR) systems on new motor vehicles. Under section
202(a)(6) of the CAA, moderate ozone nonattainment areas are not
required to implement Stage II vapor recovery programs after
promulgation of ORVR standards.
    KDAQ submitted a SIP revision on April 25, 2013, to exempt Stage II
vapor control requirements for the Enterprise Holdings, Inc., facility
located at the Cincinnati/Northern Kentucky International Airport in
Boone County. On May 16, 2013, EPA published a proposed rulemaking to
approve Kentucky's April 25, 2013, SIP revision related to Stage II
requirements at the Enterprise Holdings, Inc., facility. Detailed
background for today's final rulemaking can be found in EPA's May 16,
2013, proposed rulemaking. See 78 FR 28776. The comment period for this
proposed rulemaking closed on June 17, 2013. EPA did not receive any
comments, adverse or otherwise, during the public comment period.

II. Final Action

    EPA is taking final action to approve the aforementioned source-
specific SIP revision request from Kentucky. VOC emissions from
vehicles at the Cincinnati/Northern Kentucky International Airport
Enterprise Holdings, Inc., facility are controlled by ORVR, therefore,
EPA has concluded that removal of Stage II requirements at this
facility would not result in an increase of VOC emissions, and thus
would not contribute to ozone formation. The Commonwealth has requested
removal of this requirement for this facility and EPA has determined
that Kentucky has fully satisfied the requirements of section 110(l) of
the CAA. Therefore, EPA is taking final action to approve this source-
specific SIP revision, as being consistent with section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 25, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

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

    40 CFR part 52 is amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF PLANS]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart (S)--Kentucky

0
2. Section 52.920 is amended, under Table 1, by revising the entry for
``401 KAR 59:174'' to read as follows:

Sec.  52.920  Identification of plan.

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    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
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                                                State
     State citation         Title/subject     effective         EPA approval date              Explanation
                                                 date
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                                         Chapter 59 New Source Standards
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                                                  * * * * * * *
401 KAR 59:174.........  Stage II controls      04/25/13  09/25/13 [Insert citation of   Exemption from Stage II
                          at gasoline                      publication].                  vapor control
                          dispensing                                                      requirements for
                          facilities.                                                     rental fleet vehicle
                                                                                refueling at the
                                                                                Cincinnati/Northern
                                                                                Kentucky International
                                                                                Airport Enterprise
                                                                                Holdings, Inc.,
                                                                                facility.

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[FR Doc. 2013-22973 Filed 9-24-13; 8:45 am]
BILLING CODE 6560-50-P