ENERGY AND ENVIRONMENT CABINET 

OF~CEOFTHESECRETARY 

'steven L. Beshear 

Governor 

Ms. Heather McTeer Toney 

Regional Administrator 

U.S. EPA, Region 4 

Sam Nunn Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-8960 

Dear Ms. Toney: 

500 Mero Street 

l21

h Floor, Capital Plaza Tower 

Frankfort, Kentucky 40601 

Phone: (502) 564-3350 

Fax: (502) 564-7484 

http://eec.ky.gov 

January 17, 2014 

Leonard K. Peters 

Secretary 

Enclosed for your consideration is a revision to the Kentucky State Implementation Plan (SIP) 

granting a variance for Stage II vapor recovery controls on gasoline fuel dispensers at the Hertz 

Corporation facility being constructed at the Cincinnati/Northern Kentucky International Airport in 

Hebron, Kentucky (Boone County). 

A public hearing to receive comments on this revision was scheduled for December 20, 2013, at 

10:00 a.m. in the Conference Room of Division for Air Quality, 200 Fair Oaks, 1st Floor, Frankfort, 

Kentucky. No request for a public hearing was received, and the hearing was cancelled. No comments 

were received during the 30-day comment period. One paper copy of the final revision and an electronic 

copy on compact disc that is identical to the paper copy are enclosed. 

If you have any questions or comments, please contact Mr. John Gowins with the Division for Air 

Quality at (502) 564-3999. 

LKP/ce 

Enclosures 

KentuckyUnbridledSpirit.com 

Sincerely yours, 

¥~ Secretary 

An Equal Opportunity Employer M/F/D 
REQUEST TO REVISE THE 

STATE IMPLEMENTATION PLAN 

TO ALLOW A VARIANCE FOR STAGE II VAPOR 

RECOVERY AT THE HERTZ CORPORATION 

FUELING FACILITY 

BOONE COUNTY, KENTUCKY 

PREPARED BY THE 

KENTUCKY DIVISION FOR AIR Q UALITY 

Submitted by 

Kentucky Energy and Environment Cabinet 

January 2014 
. ' 

TABLE OF CONTENTS 

INTRODUCTION ........................................................................................................................... 1 

AREA BACKGROUND ................................................................................................................. 1 

REGULATORY BACKGROUND ................................................................................................. 3 

SECTION 11 0(1) ANALYSIS ......................................................................................................... 5 

PUBLIC PARTICIPATION ............................................................................................................ ? 

APPENDICES ................................................................................................................................. 8 
INTRODUCTION 

The Commonwealth of Kentucky is requesting the United States Environmental Protection 

Agency (U.S. EPA) to grant a variance from the Kentucky State Implementation Plan (SIP) for 

the Stage II vapor recovery control requirements on gasoline fuel dispensers at the Hertz 

Corporation facility being constructed at the Cincinnati/Northern Kentucky International Airport, 

located in Hebron, Kentucky (Boone County). 401 KAR 59:174 requires Stage II vapor 

recovery systems for all gasoline dispensing facilities located in a county that as of the effective 

date of the regulation was designated severe, serious, or moderate nonattainment for ozone 

pursuant to 401 KAR 51:010. At the time of the effective date of the regulation (January, 12, 

1998), 401 KAR 51 :010 listed Boone County as a moderate ozone nonattainment area. 

AREA BACKGROUND 

The Clean Air Act (CAA) establishes a process for air quality management through the 

application of National Ambient Air Quality Standards (NAAQS). After promulgation of a new 

or revised NAAQS area designations are required. On July 18, 1997, U.S. EPA promulgated a 

revised ozone standard of 0.08 parts per million (ppm), measured over an 8-hour period. The 

1997 8-hour ozone standard is more protective of public health and more stringent than the 

previous 1-hour standard. The NAAQS rule was challenged by numerous litigants, and in May 

1999, the U.S. Court of Appeals for the D.C. Circuit issued a decision remanding, but not 

vacating, the 1997 8-hour ozone standard. Among other things, the Court recognized that U.S. 

EPA is required to designate areas for any new or revised NAAQS in accordance with the CAA 

and addressed a number of other issues, which are not related to designations. 

1 
In February 2001, the Supreme Court upheld U.S. EPA authority to set the NAAQS and 

remanded the case back to the D.C. Circuit for disposition of issues the Court did not address in 

its initial decision. The Supreme Court also remanded the 8-hour implementation strategy to 

U.S. EPA. In March 2002, the D.C. Circuit rejected all remaining challenges to the 1997 8-hour 

ozone standard. 

The process for designations following promulgation of a NAAQS is contained in Section 

107(d)(l) of the CAA. The Transportation Equity Act for the 21st Century (TEA-21) extended 

by 1 year the time for U.S. EPA to designate areas for the 1997 8-hour ozone NAAQS. Thus, 

U.S. EPA was required to designate areas for the revised ozone standard by July 2000. 

However, U.S. EPA's appropriations bill in 2000 restricted the agency's authority to spend 

money or designate areas until June 2001 or the date of the Supreme Court ruling on the 

standard, whichever came first. As noted earlier, the Supreme Court decision was issued in 

February 2001. 

In 2003, several environmental groups filed suit in district court claiming U.S. EPA had not met 

its statutory obligation to designate areas for the 1997 8-hour ozone NAAQS. U.S. EPA entered 

into a consent decree, which required U.S. EPA to issue the designations by April 15, 2004. 

Pursuant to Section 107(d)(l) of the CAA, a Federal Register notice (69 FR 23858) published on 

April 30, 2004, designated the Cincinnati-Hamilton Interstate area (comprised of Boone, 

Campbell, and Kenton Counties in Kentucky) to be nonattainment for the 1997 8-hour ozone 

NAAQS, effective June 15, 2004. However, Kentucky submitted a. request to have the area 

redesignated as attainment on January 29, 2010, and demonstrated that the area had attained the 

NAAQS, included a maintenance plan for the area, and an emissions inventory. On August 5, 

2 
2010, U.S. EPA published a Federal Register final rule (75 FR 47218) approving Kentucky's 

request to redesignate the Kentucky portion of the Cincinnati-Hamilton area to attainment for the 

1997 8-hour ozone standard. 

On March 12, 2008, U.S. EPA set the revised 8-hour standard at 0.075 ppm. Soon after, states, 

environmental groups and industry groups filed petitions with the D.C. Circuit Court of Appeals 

for review of the 2008 ozone standards because the standards were not as protective as 

recommended by U.S. EPA's panel of science advisors. In March 2009, the court granted U.S. 

EPA's request to stay the litigation. In accordance with CAA Section 107(d)(1), Kentucky 

provided its initial designation recommendations for the 2008 ozone standards in a submittal 

dated September 8, 2009. 

As required by the CAA, on April 30, 2012, U.S. EPA issued final area designations for the 2008 

8-hour ozone standard. Portions of Boone, Campbell, and Kenton Counties were designated 

marginal nonattainment. 

REGULATORY BACKGROUND 

Kentucky's regulation on Stage II controls at gasoline dispensing facilities, 401 KAR 59:174, 

became effective on January 12, 1998. The implementation of Stage II controls was part of an 

emissions control strategy to reduce, by 15%, volatile organic compound (VOC) emissions in 

this area, which at the time was designated as moderate ozone nonattainment. 

Section 202(a)(6) ofthe CAA details that the U.S. EPA can revise or waive the Section 182(b)(3) 

Stage II vapor recovery requirement for applicable ozone nonattainment areas after the 

3 
Administrator determines widespread use of Onboard Vapor Recovery (ORVR) has been 

demonstrated throughout the motor vehicle fleet. Vehicles that are equipped with ORVR 

systems do not have vapors within the gasoline tanks that can be captured during refueling. 

Since there are no vapors to be captured in ORVR-equipped vehicles, a Stage II vapor recovery 

system is unnecessary. Although the Stage II vapor recovery system would function properly, 

there would simply be no vapors to capture from ORVR-equipped vehicles. U.S. EPA has 

determined that the CAA allows the Agency to use an area-specific rulemaking approving a SIP 

revision to issue the Section 202(a)(6) waiver for a relevant fleet in a nonattainment area, where 

a State meets the recommended criteria. 

U.S. EPA has considered demonstration of widespread use of ORVR in motor vehicle fleets to 

include: 

1) Determining the percentage ofORVR-equipped vehicles in service, and 

2) Determining when VOC emissions resulting from the application of 

ORVR controls alone equal the VOC emissions when both Stage II vapor 

recovery systems and ORVR controls are used. 

ORVR was first required for all passenger cars starting with model year 2000. Since 2006, all 

light-duty trucks, sports utility vehicles, and medium-duty vehicles are required to be equipped 

with ORVR. 

According to a December 12, 2006, policy memorandum entitled, "Removal of a Stage II Vapor 

Recovery in Situations Where Widespread Use of On board Refueling Vapor Recovery is 

4 
Demonstrated," U.S. EPA has determined that if at least 95% of the vehicles in a fleet have 

ORVR, then widespread use will likely have been demonstrated (See Appendix A). According 

to this same memo, if a SIP revision demonstrates that at least 95% of the vehicles in a vehicle 

rental fleet refueling at a rental car facility are equipped with ORVR and that this level of ORVR 

use would not decrease, then widespread use of ORVR could be demonstrated for the motor 

vehicle fleet refueling at that facility. It is recommended that states submit a SIP revision to 

discontinue Stage II vapor recovery requirements for rental car facilities. Most large rental car 

companies rent current model year vehicles that are equipped with ORVR. However, this SIP 

revision only applies to the Hertz Corporation facility being constructed at the 

Cincinnati/Northern Kentucky International Airport, located in Hebron, Kentucky (Boone 

County). Any SIP revision showing a demonstration of widespread use of ORVR would be 

subject to CAA Section 110(1) and other applicable requirements, and State and local agencies 

should consider any potential transportation conformity impacts if Stage II is currently included 

in a SIP's on-road motor vehicle emissions budget. 

According to a Federal Register final rule published on May 16, 2012, "Stage II and ORVR 

emission control systems are redundant, and the EPA has determined that emission reductions 

from ORVR are essentially equal to and will soon surpass the emission reductions achieved by 

Stage II alone." (77 FR 28772) Where ORVR has been demonstrated to be in "widespread use," 

Stage II is unnecessary and even incompatible. 

SECTION 110(1) ANALYSIS 

U.S. EPA's approval of a SIP revision must comply with the provisions of Section 110(1) of the 

CAA, which states that: "Each revision to an implementation plan submitted by a State under 

5 
this Chapter shall be adopted by such state after reasonable notice and public hearing. The 

administrator shall not approve a revision of a plan if the revision would interfere with any 

applicable requirement concerning attainment and reasonable further progress (as defined in 

Section 7501 of this title), or any other applicable requirement of this chapter." 

The Hertz Corporation has requested an exemption of the Stage II vapor recovery requirement at 

their facility being constructed at the Cincinnati/Northern Kentucky International Airport, 

located in Hebron, Kentucky (Boone County). The purpose for this request is the widespread 

use ofORVR systems on the company's vehicle fleet at the facility. 

ORVR was first required for all passenger cars starting with model year 2000. Additionally, 

since 2006, all light-duty trucks are required to be equipped with ORVR. Because the Hertz 

Corporation maintains a new fleet of cars which is, in its entirety, newer than model year 2006, 

the facilities have a widespread use rate of 100%, which is above the rate required for Stage II 

vapor recovery systems. This rate will never drop below 95% because the turnover rate of the 

rental vehicles is typically one to two years. 

The provision that allows for the exemption of the Stage II gasoline vapor recovery requirement 

for the Hertz Corporation facilities at the Cincinnati/Northern Kentucky International Airport is 

that the SIP revision does not interfere with attainment, maintenance, or reasonable further 

progress of the NAAQS. This SIP revision will not interfere with attainment, maintenance, or 

reasonable further progress of the NAAQS because, according to the Hertz Corporation, 100% of 

the vehicles at the rental car facility will be equipped ORVR. As mentioned previously, in the 

May 16, 2012, Federal Register (77 FR 28772), U.S. EPA clarified that Stage II and ORVR 

6 
emission control systems are redundant and thus no increases in emissions are expected from this 

variance. Because there is a widespread use rate of at least 95%, and because there is a turnover 

rate of the rental vehicles every one to two years, no increases in vehicle emissions is anticipated. 

Kentucky requests a vanance for the Hertz Corporation facility at the Cincinnati/Northern 

Kentucky Cincinnati International Airport in Boone County, from the Stage II control regulation, 

401 KAR 59:174. All of the vehicles to be refueled at this rental car facility are ORVR 

equipped. This request for variance will not interfere with CAA Section 11 0(1) requirements or 

any other requirements of the CAA, as it will not increase emissions in VOC or any NAAQS 

I 

pollutants. It is therefore approvable pursuant to CAA Section 11 0(1). 

PUBLIC PARTICIPATION 

Kentucky will conduct a public hearing, if requested, to receive comments on this proposed SIP 

revision to allow a variance for Stage II vapor recovery at this rental car facility on December 20, 

2013, at 10:00 a.m. (local time) in Conference Room 201B at the Kentucky Division for Air 

Quality Central Office in Frankfort, Kentucky. This conference room is located at 200 Fair Oaks 

Lane, First Floor. A copy of the public hearing notice is included in Appendix B. 

7 
APPENDICES 

APPENDIX A- U.S. EPA MEMORANDUM FROM STEPHEN D. PAGE AND MARGO 

TSIRIGOTIS 0GE, DECEMBER 12, 2006, "SUBJECT: REMOVAL OF STAGE II 

VAPOR RECOVERY IN SITUATIONS WHERE WIDESPREAD USE OF 0NBOARD 

REFUELING VAPOR RECOVERY IS DEMONSTRATED" 

APPENDIX B- NOTICE OF PUBLIC HEARING 

APPENDIX C- No COMMENT LETTER FROM R. SCOTT DAVIS 
APPENDIX A 

DECEMBER 12, 2006, EPA MEMO 
UNITEO STATES ENV1RONMENTAL PROTECTlON AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

DEC 12 2006 

MRMQR.A._NDUM 

OFFICE OF 

AlA QIJAUTY PlAtiNING 

AND STANDARDS 

SUBJECT: Removal of Stage II Vapor Recovery in Situations Where Widespread Use of 

Onboard Refueling Vapor Recovery is Demonstrated 

FROM: Stephen D. Page, Director-L&_ Office of Air Quality Pl~~t 

Margo Tsirigotis Oge, Director (tl Ot 'j') 0 

Office of Transportation and Air Qua{/~ 

TO: Regional Air Division Directors 

The purpose oftbis memorandum is to provide guidance to States concerning the 

removal of Stage II gasoline vapor recovery systems. where States demonstrate to EPA that 

widespread use of onboard refueling vapor recovery (ORVR) has occurred in specific 

portions ofthe motor vehicle fleet. The specific fleets addressed here include: 

1. initial fueling of new vehicles at aulomobile assembly plants 

2. refueling of rental cars at rental car facilities 

3. refueling of flexible fuel vehicles at E85 dispensing pumps 

Background 

Stage II vapor recovery systems are required to be used at gasoline dispensing 

facilities located in serious~ seve~ and extreme non-attainment areas for ozone under section 

182(b)(3) ofthe Clean Air Act (CAA). States have included these control measures in their 

federally-approved state implementation plans (SlPs) in the fonn of generally applicable 

regulato.ry requirements governing all gasoline dispensing facilities that exceed the relevant 

gasoline dispensing throughput criteria. However, section 202(a)(6) of the CAA allows EPA 

to revise or waive the section 182{b)(3) Stage II requirement for these ozone non--attainment 

areas after the Agency determines that OR VR is in widespread use throughout the motor 

vehicle fleet. 

CAA section 202(a)(6) does not specify which motor vehicle fleet must be the subject 

of a widespread use detennination before EPA may revise or waive the section 182(b)(.3) 

Stage II requirement. Nor does the CAA identify what level of OR VR use in the motor 

vehicle fleet must be reached before it is '~idespread." EPA expects the possibility of 

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different rates of the implementation ofORVR across different geographic regions and 

among different types of motor vehicle fleets within any region. Given this, EPA does not 

believe that CAA section 202(a)(6) must be read narrowly to allow a widespread use 

determination and waiver of the Stage II requirement for a given area or area's fleet only if 

ORVR use has become widespread throughout the entire United States, or only ifORVR use 

has reached a definite level in each area. Rather, EPA believes that section 202(a)(6) allows 

the Agency to apply the widespread use criterion to either the entire motor vehicle fleet in a 

State or non-attainment area, or to special segments ofthe overall fleet for which ORVR use 

is shown to be sufficiently high. and to base widespread use detenninations on differing 

levels ofORVR use, as appropriate. Moreover, a single national rulemaking is not needed to 

grant such a waiver for a specific area. Instead, EPA believes that the Act allows the Agency 

to use an area-specific rulemaking approving a SIP revision to issue the section 202(a)(6) 

waiver for a relevant fleet in a non-attainment area, where a State meets the recommended 

criteria discussed below. 

Various metrics have been studied for demonstrating widespread use ofORVR in 

motor vehicle fleets. One metric focuses on the percentage of vehicles in service that are 

ORVR-equipped. Based on our preliminary analysis, this metric seems to track fairly closely 

with the percentage of vehicle miles traveled (VMT) from ORVR-equipped vehicles, and 

with the percentage of gasoline sold which is dispensed to ORVR-equipped vehicles. In fact, 

since newer vehicles tend to be driven more miles than older models, VMT traveled by 

ORVR-equipped vehicles and gasoline dispensed to ORVR-equipped vehicles may exceed 

95 percent in a 95 percent ORVR-equipped fleet 

Another metric that EPA considered is when VOC emissions resulting from the 

application ofORVR controls alone equal the VOC emissions when both Stage II vapor 

recovery systems and ORVR controls are used, after accounting for incompatibility excess 

emissions. The incompatibility excess emissions factor relates to losses in control efficiency 

when certain types of Stage ll and ORVR are used together. Studies conducted in three 

northeastern states indicate that when the percentages of motor vehicles in service with 

ORVR, vehicle miles traveled by ORVR-equipped vehicles, or gasoline dispensed to ORVRequipped vehicles are above 95 percent, then the widespread use metric based on comparable 

VOC emissions will likely have been reached. For this reason, EPA believes that if 95 

percent ofthe vehicles in a fleet have ORVR, then widespread use will likely have been 

demonstrated. 

1. Initial Fueling at Automobile Assembly Plants 

Based on our preliminary analysis. EPA expects that if a State's submission of a SIP 

revision shows that 95 percent of the new vehicles fueled at an automobile assembly plant 

are equipped with ORVR. and that this level ofORVR use would not decrease, the Agency 

can determine that widespread use ofORVR has been achieved for the fleet of motor 

vehicles that are fueled at that facility. 

Since model year 2000, all passenger cars have been required to have ORVR. Also 

since 2006, all light duty trucks, SUVs and medium duty vehicles are required to be equipped 

2 
with ORVR. There may be a few situations, such as the chassis for motorized mobile hom<;s, 

which still do not have ORVR. However, the number ofthese would be small. It is apparent 

that at most automobile assembly plants greater than 95 percent of the vehicles manufactured 

would have ORVR. Many assembly plants manufacture 100 percent ORVR equipped 

vehicles. Only such new vehicles are expected to be fueled at the automobile assembly 

plants. 

States desiring to remove the Stage II requirement for these facilities would need to 

submit a SIP revision that EPA would evaluate through notice and comment rulemaking. 

The SIP would need to demonstrate that the widespread use benchmark has been achieved 

and provide assurance that any facility wishing to remove Stage II equipment maintains its 

eligibility for its motor vehicle fleet. Any EPA SIP approval would also be subject to the 

CAA section II 0(1) requirement that the revision not interfere with any applicable 

requirement concerning attainment and reasonable further progress, or any other requirement 

ofthe CAA. 

2. Refueling of Rental Cars at Rental Car Facilities 

Similarly, EPA expects that if a SIP revision submission demonstrates that 95 percent 

of the vehicles in an automobile rental fleet refueling at a rental car facility are equipped with 

ORVR and that this level ofORVR use would not decrease, then widespread use ofORVR 

could be found for the motor vehicle fleet refueling at that facility. Most large rental car 

companies rent current model vehicles that would all have ORVR. There may be truck rental 

companies which have older vehicles which do not have ORVR and that would not be able to 

demonstrate widespread use ofORVR for their fleets. As discussed above, any SIP revision 

would be subject to CAA section 11 0(1) and other applicable requirements, and State and 

local agencies sbouJd consider any potential transportation confonnity impacts if Stage II is 

currently included in a SIP's on-road motor vehicle emissions budget. 

3. Refueling Flexible Fuel Vehicles at E85 Dispensing Pumps 

E85 is a motor vehicle fuel that is a blend of as little as 15 percent gasoline and up to 

85 percent ethanol. (In wintertime applications, the ratio may be 30 percent gasoline and 70 

percent ethanol.) Ethanol is ethyl alcohol, a type of alcohol which can be produced from 

renewable resources such as com. Based on the agency's survey of existing SIPSt EPA 

believes that most States have defined ••gasoline" (for purposes of controlling emissions of 

VOC .from refueling activities} to include gasoline/alcohol blends that have the same 

volatility as £85. EPA's guidance for States in developing their Stage II SIPs in the early 

1990s suggested that States use the same definition of"gasoline" as the one found in EPA's 

Standards of Performance for Bulk Gasoline Tenninals at 40 C.P.R. 60.501, which includes 

"any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure 

of27.6 kilopascals (kPa) or greater which is used as a fuel forintemal combustion engines." 

EPA recommended using this definition to most broadly reach situations in which refueling 

of motor vehicles results in evaporative VOC emissions that contribute to ozone nonattainment concentrations, and to avoid a narrow interpretation of what is "gasoline" that 

3 
would a1low significant VOC emissions from motor vehicle refueling activities in nonattainment areas to go uncontrolled. 

E85 can only be used in specially designed flexible fuel vehicles (FFVs}, which have 

mostly been manufactured since 1998. Since these are newer vehicles, most of them are 

equipped with ORVR, and every FFV built today has ORVR. Thus, most vehicles refueling 

at £85 dispensing pumps are already having their evaporative emissions captured, as in the 

cases oflate model rental cars refueling at rental car facilities and newly manufactured cars 

being fueled for the first time at automobile assembly plants. EPA estimates that 59 percent 

ofFFVs in current use are equipped with ORVR. The percentage.ofFFVs with ORVR will 

continue to climb as older vehicles are taken out of service and new models join the fleet. 

Across different ozone non-attainment areas and between States, these percentages may vary. 

EPA believes that encouraging the use ofE85 as a motor vehicle fuel reduces 

emissions of other air pollutants such as CO and benzene, a known human carcinogen, and 

reduces emissions of greenhouse gases. In addition, based on available information, the 

Agency is concerned that there is currently a lack of certified Stage II equipment for E85 

(which may require different materials of construction than conventional Stage II 

equipment), and that the timing for when certified E85-compatible equipment will become 

widely available is uncertain. This may unnecessarily hinder E85 distribution in areas that 

now require Stage II. 

Unlike in the cases of automobile assembly plants and rental car facilities, EPA is not 

recommending a specific percentage of the FFV fleet that should have ORVR before 

widespread use could be determined. This is because most E85 compatible vehicles are 

already ·equipped with ORVR and this percentage is increasing over time., whereas for 

automobile assembly plants and car rental facilities very high percentages ofORVR use have 

in most cases already been reached and are not expected to further increase significantly. 

The general use ofORVR in FFVs, instead, is expected to significantly increase, as are the 

miles driven by and amount of fuel dispensed to recent ORVR-equipped FFVs compared to 

those manufactured before 2000 without ORVR 

Moreover, we believe that in determining whether widespread use of ORVR has been 

demonstrated, it is reasonable under section 202(a)(6) to consider the VOC emissions 

impacts of removing Stage II, and that those impacts may inform the percentage ofORVRequipped vehicles that would need to be achieved for a specific motor vehicle fleet or in a 

specific non-attainment area. EPA expects that the air quality impact of allowing E85 

refueling facilities to operate without Stage 11 controls would likely be minimal in most nonattainment areas. FFVs currently comprise about 2 percent of the total US fleet. Non-ORVR 

FFVs are less 1 percent of the total U.S. vehicle fleet. EPA estimates that non-ORVR FFVs 

participate .in only about 0.5 percent of all refueling events. Furthermore, because of the 

relatively small number of stations that offer E85 (around 1.000 out of 170,000 total 

refueling stations) EPA believes that very few of these non-ORVR refueling events actually 

occur at E85 pumps. 

4 
Considering the factors discussed above, if an area can demonstrate that any increase 

in emissions caused by operating E85 fueling facilities without Stage II controls is so small 

as to clearly not interfere with attainment of the ozone standard or reasonable further 

progress or any other applicable CAA requirement, then EPA expects it could find that 

ORVR is in widespread use for FFVs when refueling at E85 facilities in this area. These 

areas could then allow E85 facilities to operate without Stage II controls, after modifying 

their SIPs such that E85 is not included within the definition of"gasoline" for purposes of 

Stage 11 vapor recovery controls (or after taking other necessary SIP revision action). As 

discussed above, States would need to submit SIP revisions affecting this change to their 

current Stage II SIPs, which EPA would evaluate through notice and comment rulemaking, 

subject to the provisions of CAA section 11 00). In addition, State and local agencies should 

consider if there are any transportation conformity impacts related to removing Stage II, if 

emissions reductions from Stage 11 are included in a SIP's on-road motor vehicle emissions 

budget. Due to the expected rapid growth ofE85 installations, EPA will explore the 

development of ways to expedite the SIP revision process for States which are dealing with 

the E85 issue. 

Genera] Exclusions from Widespread Use Detenninations 

States in the ozone transport region (OTR) are still required to apply Stage II, or a 

comparable measure, in all areas under 184(b)(2) ofthe CAA. This requirement is not 

affected by any widespread use determination or waiver of the section 182(b)(3) requirement 

granted under section 202(a)(6). For the independent section 184(b)(2) "comparable 

measure" requirement to not prevent an appropriate removal of Stage II controls, OTR States 

may want to revisit their previously approved comparable measure SlPs to consider 

substituting available non-Stage II measures for the Stage II controls they currently require. 

Also, some States have chosen to add Stage ll vapor recovery system requirements in 

their SIPs for ozone nonattainment areas that are classified in a category lower than 

"serious.'' While it is not necessary for States to demonstrate ORVR is in widespread use in 

moderate or cleaner ozone non-attainment areas, a revision of previously adopted SlP 

requirements to specifically waive Stage II requirements in such areas would need to comply 

with the provisions of CAA section 11 O(l) and, as described above, consider any 

transportation conformity impacts as applicable. 

- This guidance for widespread use determinations for special sectors would not 

necessarily appJy to widespread use determinations for th.e general motor vehicle fleet. 

Within the overall motor vehicle fleet. the rate of penetration of ORVR-equipped vehicles 

has not advanced at the same rapid rates as for the fleets discussed in this memorandum. 

EPA is still considering the po~sible criteria for determining widespread use for the general 

fleet. 

5 
APPENDIXB 

NOTICE OF PUBLIC HEARING 
APPENDIX B- NOTICE OF PUBLIC HEARING AND LEGAL 

DOCUMENTATION 

KENTUCKY DIVISION FOR AIR QUALITY 

NOTICE OF PUBLIC HEARING ON A PROPOSED 

REVISION TO THE KENTUCKY STATE IMPLEMENTATION PLAN 

The Kentucky Energy and Environment Cabinet will conduct a public hearing on December 20, 

2013 at 10:00 a.m. (local time) in Conference Room 201B at the Kentucky Division for Air 

Quality Central Office, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky, to receive comments 

on a. proposed revision to Kentucky's State Implementation Plan (SIP). This SIP revision 

includes a variance to the Stage II vapor recovery controls requirement on gasoline fuel 

. dispensers the Hertz Corporation facility being constructed at the Cincinnati/Northern Kentucky 

International Airport, located in Erlanger, KY (Boone County). 

This hearing is open to the public and all interested persons will be given the opportunity to 

present testimony. The hearing will be held, if requested, at the date, time, and place given 

above. It is not necessary that the hearing be held or attended in order for persons to comment 

on the proposed submittal to EPA. To assure that all comments are accurately recorded, the 

Division requests that oral comments presented at the hearing also be provided in written form. 

To be considered part of the hearing record, written comments must be received by the close of 

the hearing. Written comments should be sent to the contact person. If no request for a public 

hearing is received, the hearing will be cancelled, and notice of the cancellation will be posted at 

the website listed below. Request for a public hearing must be received no later than December 

13, 2013, while all written comments must be submitted no later than December 20, 2013. 

The full text of the proposed SIP revision is available for public inspection and copying during 

regular business hours (8:00 a.m. to 4:30 p.m.) at the locations listed below. Any individual 

requiring copies may submit a request to the Division for Air Quality in writing, by telephone, or 

by fax. Requests for copies should be directed to the contact person. In addition, an electronic 

version of the proposed SIP revision document and relevant attachments can be downloaded 

from the Division for Air Quality's web site at: 

http:/ /air .ky. gov /Pages/PublicN oticesandHearings .aspx. 

The hearing facility is accessible to people with disabilities. An interpreter or other auxiliary aid 

or service will be provided upon request. Please direct these requests to the contact person. 

CONTACT PERSON: Chris Ewing, Environmental Technologist III, Division for Air Quality, 

200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 40601. Phone (502) 564-3999; Fax (502) 

564-4666; E-mail Christian.ewing@ky.gov. 

The Energy and Environment Cabinet does not discriminate on the basis of race, color, national 

origin, sex, age, religion, or disability and provides, on request, reasonable accommodation 

including auxiliary aids and services necessary to afford an individual with a disability an equal 

opportunity to participate in all services, programs, and activities. 

Louisville Metro APCD Ashland Regional 

850 Barret Ave # 205 1550 Wolohan Dr #1 

Louisville, KY 40204 Ashland, KY 41102 

Bowling Green Regional 

1508 Westen Ave 

Bowling Green, KY 42104 
Florence Regional Frankfort Regional Hazard Regional 

8020 Veterans Memorial Dr 200 Fair Oaks Ln. 233 Birch St 

Suite 110 3rd Floor Suite 2 

Florence, KY 41042 Frankfort, KY 40601 Hazard, KY 41701 

London Regional Owensboro Regional Paducah Regional 

875 S Main St 3032 Alvey Park Dr W 130 Eagle Nest Dr 

London, KY 40741 Suite 700 Paducah, KY 42003 

Owensboro, KY 42303 

Boone County Clerk Campbell County Clerk Kenton County Clerk 

Burlington, KY 41005 Newport, KY 41071 Covington, KY 41011 

2950 East Washington Street 340 York Street 303 Court Street 
APPENDIXC 

NO COMMENT LETTER FROM R. 

SCOTT DAVIS 
UNITED STATE$ iNVIIiONMENTAL PROTECTIOI-J AGENCY 

Loonard K. Pctcrs, Scc:rctacy 

En~ and Environmi;Ilt CabiiJ.ct 

On'ice o t"tbe Secretary 

500 .Metro Street 

121b FJooc CapltaJ f'ma To~w 

Frankfurt, Kmtucky 40601 

Dear Mr. Peters: 

REGIOtl 4 

Al'LANTI>, FcOER/>.L CENTEA 

61 FORSYTH STREET 

.t..TlANT;.., ClEOfl:GIA ~0303-8960 

DtlUmlber- 20, 20 1 3 

Thank ym~ fur your lcttcr dated ~ovcmbcr 14, 20 13, tn.ns.mitlin!i! a prehearing paci:!lge regarding lhe 

s~~ TT v~ reoo .. ·e~"y t{;r the Ffr;:rt;.,; filr.:ility :~t th~ Kmtucky IntQ1latiOru:ll Ailport. Th~ rolelll Bte the 

Sllbject of a pullH~ h~ar[OS scheduled fur Dece.uber 20, 20 J3., with wrilttln cl)mmeu~ due by thi! close of 

b\1siness December 20, 20 13. We have completed our review of the submittal and offer no oomiilti'ltS nt 

this time. 

We look forward tD ~ntinuing to ·wot'lc~ith you and your staff. Tfyou he.ve any qostions, pleaw 

oon.tact )lls. Lyno:rae Benjamin, Chief, .Regulatory Development Sectioa at ( 40¢) 56.:2,-~040. or have your 

~taft' contact~. Fmngal.o at (404) 562-9152. 

Sincere!)', 

R Scott Davis 

Chief 

Air Planning Bn~nclt 

l11ll:fr""«: lor:ito~~ lUHLJ • T.tJ;::• I"'"'-'W C~il.J:t• 

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