EPA Continues With Rulemaking Through the End of the Administration

10/14/2016
81 FR 70,966
Final Rule. EPA approved changes to Kentucky’s SIP that remove Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in Kentucky and allow the decommissioning of existing Stage II equipment in Boone, Campbell and Kenton counties. The final rule took effect on November 14, 2016. See https://www.gpo.gov/fdsys/pkg/FR-2016-10-14/pdf/2016-24779.pdf.

10/17/2016
81 FR 71,444
Proposed Rule. EPA proposed to approve a request from Ohio to re-designate the Cleveland-Akron-Lorain area (the Cleveland area) to attainment for the 2008 ozone NAAQS. The Cleveland area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. EPA also proposed, as a revision to the Ohio SIP, approval the state’s plan for maintaining the 2008 ozone standard through 2030 in the same area. EPA also made a finding of adequacy and proposed to approve Ohio’s 2020 and 2030 Motor Vehicle Emission budgets for the Cleveland area. See https://www.gpo.gov/fdsys/pkg/FR-2016-10-17/pdf/2016-24914.pdf.

10/21/2016
81 FR 72,755
Proposed Rule. EPA proposed to approve a revision to the Kentucky SIP addressing reasonably available control measures (RACM) for the Kentucky portion of the Louisville, KY-IN nonattainment area for the 1997 annual PM_2.5 NAAQS. In its SIP revision submittal, Kentucky determined that no additional control measures are necessary to satisfy the RACM requirements because the area has attained the 1997 PM_2.5 NAAQS. EPA proposes to agree with Kentucky’s analysis. See https://www.gpo.gov/fdsys/pkg/FR-2016-10-21/pdf/2016-25433.pdf.

11/16/2016
81 FR 80,593
Final Rule; Notice of Data Availability. EPA gave notice of emission allowance allocations to certain units under the new unit set-aside (NUSA) provisions of the Cross-State Air Pollution Rule (CSAPR) federal implementation plans (FIPs). Specifically, EPA provided final calculations for second NUSA allowances for the 2016 compliance year of the CSAPR NO_X ozone season trading program. In the notice, EPA provides a link to spreadsheets showing unit by unit calculations and allocations. See https://www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-27541.pdf.

11/21/2016
81 FR 83,152
Final Rule. EPA approved Kentucky’s SIP submission demonstrating that the Commonwealth meets the infrastructure requirements of the 2010 1-hour NO₂ NAAQS. EPA’s approval, which takes the form of a final rule, officially took effect on December 21, 2016. See https://www.gpo.gov/fdsys/pkg/FR-2016-11-21/pdf/2016-27538.pdf.

11/21/2016
81 FR 83,158
Final Rule. EPA re-designated the Ohio portion of the Campbell-Clermont Kentucky-Ohio from nonattainment with the 2010 SO₂ standard to attainment. The area consists of Pierce Township in Clermont County. EPA noted that the primary emission source in the area has permanently closed and the air quality in the area is now meeting the SO₂ standard. EPA also approved the state’s maintenance plan for the area. The re-designation took effect on November 21, 2016. See https://www.gpo.gov/fdsys/pkg/FR-2016-11-21/pdf/2016-27852.pdf. The Kentucky portion of the area was addressed in a separate EPA action and is discussed below.

12/1/2016
81 FR 86,664
Proposed Rule. EPA proposed to approve two separate but related submittals from the Commonwealth of Kentucky related to the attainment of the 2010 SO₂ NAAQS for the Kentucky portion of the Campbell-Clermont Kentucky-Ohio 2010 1-hour SO₂ nonattainment area. The Kentucky portion of the area includes a portion of Campbell County in Kentucky and a portion of Clermont County in Ohio. EPA specifically proposed to take the following actions with respect to the area: (1) to approve Kentucky’s RACM determination for the area and incorporate it into the SIP; (2) to approve the base year emissions inventory for the area for the 2010 1-hour SO₂ NAAQS and incorporate it into the SIP; (3) to determine the area has attained the 2010 1-hour SO₂ NAAQS pursuant to the “Clean Data Policy;” (4) to approve Kentucky’s maintenance plan for the area; and (5) to re-designate the area to attainment for the 2010 1-hour ozone NAAQS. EPA is accepting comments on the proposal through Jan. 3, 2017. See https://www.gpo.gov/fdsys/pkg/FR-2016-12-01/pdf/2016-28821.pdf

12/6/2016
81 FR 87,817
Final Rule. EPA finalized its approval for changes to portions of Kentucky’s State Implementation Plan regarding “infrastructure requirements” for the 2010 1-hour SO₂ NAAQS. Kentucky had requested the SIP amendment on April 26, 2013. The approved submission certifies that Kentucky’s SIP contains provisions that ensure the 2010 1-hour SO₂ NAAQS is implemented, enforced, and maintained in the Commonwealth. The approval did not include minor source program requirements or interstate transport requirements. See https://www.gpo.gov/fdsys/pkg/FR-2016-12-06/pdf/2016-29115.pdf.

12/6/2016
81 FR 87,815
Final Rule. EPA took action to approve a Kentucky SIP revision related to the Louisville Metro Air Pollution Control District’s changes to air quality standards for lead, particulate matter, ozone, nitrogen dioxide, and sulfur dioxide. The revision was submitted by Kentucky on March 22, 2011 and May 3, 2012. The air quality standards were revised by the District to be consistent with the NAAQS. See https://www.gpo.gov/fdsys/pkg/FR-2016-12-06/pdf/2016-29106.pdf.

12/16/2016
81 FR 91,035
Final Rule. EPA found that the Cincinnati, Ohio-Kentucky-Indiana area is attaining the 2008 ozone NAAQS and redesignated the Ohio portion of the Cincinnati area to attainment for the 2008 ozone NAAQS. EPA also approved, as a revision to the Ohio SIP, the state’s plan for maintaining the 2008 ozone standard through 2030 in the Cincinnati area. EPA further approved the state’s 2020 and 2030 VOC and NO_X Motor Vehicle Emission Budgets (MVEBs) for the Ohio and Indiana portion of the Cincinnati area. https://www.gpo.gov/fdsys/pkg/FR-2016-12-16/pdf/2016-30054.pdf