Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program, 70966-70968 [2016-24779]
Download as PDF
<![CDATA[
70966
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
and compliance reporting requirements,
that means that there will be reduced
emissions and greater responsibility on
the part of sources. This final action will
reduce adverse impacts by improving
air quality in Indian country. In
addition, we seek to establish a flexible
preconstruction permitting program for
minor sources in Indian country that is
comparable to similar programs in
neighboring states in order to create a
more level regulatory playing field for
owners and operators within and
outside of Indian country. This final
action will reduce an existing disparity
by filling the regulatory gap.
K. Congressional Review Act (CRA)
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Indians, Indians-law, Indians-tribal
government, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: September 16, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–23178 Filed 10–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0312; FRL–9954–08–
Region 4]
Air Plan Approval; KY; Removal of
Stage II Gasoline Vapor Recovery
Program
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the Kentucky State Implementation Plan
(SIP) submitted by the Commonwealth
of Kentucky, through the Kentucky
Energy and Environmental Cabinet, on
May 3, 2016. This SIP revision removes
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in the State and allows for the
decommissioning of existing Stage II
equipment in Boone, Campbell and
Kenton Counties in Kentucky
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:00 Oct 13, 2016
Jkt 241001
(hereinafter referred to as the ‘‘Northern
Kentucky Area’’ or ‘‘Area’’). EPA
determined that Kentucky’s May 3,
2016, SIP revision is approvable because
it is consistent with the Clean Air Act
(CAA or Act).
DATES: This rule will be effective
November 14, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0312. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be 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 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. 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 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. Ms. Sheckler’s telephone
number is (404) 562–9222. She can also
be reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 3, 1998, the
Commonwealth of Kentucky submitted
a SIP revision to address the Stage II
requirements 1 for the Northern
Kentucky Area.2 EPA approved that SIP
1 Stage II is a system designed to capture
displaced vapors that emerge from inside a
vehicle’s fuel tank, when gasoline is dispensed into
the tank. There are two basic types of Stage II
systems, the balance type and the vacuum assist
type.
2 On November 6, 1991, EPA designated and
classified Boone, Campbell and Kenton Counties in
Kentucky as part of the seven-county area in and
around the Cincinnati-Hamilton, OH–KY, area as a
moderate nonattainment area for the 1-hour ozone
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
revision, containing Kentucky
regulation 401 KAR 59:174—Stage II
controls at gasoline dispensing facilities,
in a notice published on February 8,
1999 (63 FR 67586). On May 3, 2016,
the Commonwealth of Kentucky
submitted a SIP revision to EPA seeking
modifications of the Stage II
requirements in the Northern Kentucky
Area. Specifically, it sought the removal
of the Stage II requirements in Kentucky
regulation 401 KAR 59:174—Stage II
Controls at gasoline dispensing
facilities. EPA published a proposed
rulemaking on August 17, 2016, to
approve that SIP revision. The details of
Kentucky’s submittal and the rationale
for EPA’s action are explained in the
proposed rulemaking. See 81 FR 54780.
The comment period for this proposed
rulemaking closed on September 16,
2016. EPA did not receive any
comments, adverse or otherwise, during
the public comment period.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Kentucky regulation 401
KAR 59:174—Stage II Controls at
gasoline dispensing facilities, effective
May 3, 2016, which removes Stage II
vapor control requirements for new and
upgraded gasoline dispensing facilities
in the State. Therefore, these materials
have been approved by EPA for
inclusion in the State implementation
plan, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.3
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
the ‘‘For Further Information Contact’’
section of this preamble for more
information)
NAAQS. See 56 FR 56694. The ‘‘moderate’’
classification triggered various statutory
requirements for the Area, including the
requirement pursuant to section 182(b)(3) of the
CAA to require all owners and operators of gasoline
dispensing systems to install and operate Stage II.
EPA redesignated the Northern Kentucky portion of
the Area to attainment for the 1-hour ozone
NAAQS, effective July 31, 2002. See 67 FR 49600.
3 62 FR 27968 (May 22, 1997).
E:\FR\FM\14OCR1.SGM
14OCR1
70967
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
III. Final Action
EPA is taking final action to approve
the May 3, 2016, revision to Kentucky
Air Regulation 401 KAR 59:174,
submitted by the Commonwealth of
Kentucky. This action removes Stage II
vapor control requirements for new and
upgraded gasoline dispensing facilities
and allows for the decommissioning of
existing Stage II equipment. EPA has
determined that Kentucky’s May 3,
2016, SIP revision related to the State’s
Stage II rules is consistent with the CAA
and EPA’s regulations and guidance
related to removal of Stage II
requirements from the SIP and that
these changes will not interfere with
any applicable requirement concerning
attainment or any other applicable
requirement of the CAA, and therefore
satisfy section 110(l).
IV. 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. 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) and 13563 (76 FR 3821,
January 21, 2011);
• 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, 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 rule 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.
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 December 13, 2016. 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.
Dated: October 3, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
2. Section 52.920(c) Table 1 is
amended under Chapter 59 by revising
the entry for ‘‘401 KAR 59:174’’ to read
of follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED KENTUCKY REGULATIONS
State citation
State effective
date
Title/subject
EPA approval date
Explanation
Chapter 59 New Source Standards
ehiers on DSK5VPTVN1PROD with RULES
*
*
*
401 KAR 59:174 ..........................
*
VerDate Sep<11>2014
Stage II controls at gasoline dispensing facilities.
*
13:00 Oct 13, 2016
*
*
Jkt 241001
PO 00000
*
5/3/2016
*
Frm 00045
Fmt 4700
*
[Insert citation of publication].
*
Sfmt 4700
*
E:\FR\FM\14OCR1.SGM
*
14OCR1
*
70968
*
*
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
*
*
*
[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0362; FRL–9954–09Region 4]
Air Plan Approval; NC Infrastructure
Requirements for the 2010 1-hour NO2
NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the State Implementation Plan
(SIP) submission, submitted by the State
of North Carolina, through the North
Carolina Department of Environmental
Quality, Division of Air Quality
(NCDAQ) on August 23, 2013, to
demonstrate that the State meets certain
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2010 1hour nitrogen dioxide (NO2) national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. NCDAQ certified
that the North Carolina SIP contains
provisions that ensure the 2010 1-hour
NO2 NAAQS is implemented, enforced,
and maintained in North Carolina. EPA
has determined that North Carolina’s
infrastructure SIP submission, provided
to EPA on August 23, 2013, satisfies
certain required infrastructure elements
for the 2010 1-hour NO2 NAAQS.
DATES: This rule is effective November
14, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2015–0362. 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 Air Regulatory Management Section,
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:00 Oct 13, 2016
Jkt 241001
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. 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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8726. Mr. Richard Wong can
also be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010 (published at 75
FR 6474, February 9, 2010), EPA
promulgated a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year
average of the 98th percentile of the
yearly distribution of 1-hour daily
maximum concentrations. Pursuant to
section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the
requirements of section 110(a)(2) within
three years after promulgation of a new
or revised NAAQS or within such
shorter period as EPA may prescribe.
Section 110(a)(2) requires states to
address basic SIP elements such as
requirements for monitoring, basic
program requirements and legal
authority that are designed to assure
attainment and maintenance of the
NAAQS. States were required to submit
such SIPs for the 2010 NO2 NAAQS to
EPA no later than January 22, 2013.
In a proposed rulemaking published
on July 20, 2016 (81 FR 47115), EPA
proposed to approve North Carolina’s
2010 1-hour NO2 NAAQS infrastructure
SIP submission submitted on August 23,
2013, with the exception of the elements
related to state boards of section
110(a)(2)(E)(ii), the PSD permitting
requirements for major sources of
sections 110(a)(2)(C), and (J), and the
interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1
through 4). On November 13, 2015, EPA
approved North Carolina’s August 23,
2013, infrastructure SIP submission
regarding the state boards requirements
of sections 110(a)(2)(E)(ii). See 80 FR
67645. On May 10, 2016 (81 FR 28797),
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
EPA proposed to approve in part and
disapprove in part, North Carolina’s
December 4, 2015, infrastructure SIP
submission regarding the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i) and (J) for the 2012 Annual PM2.5
NAAQS. Today EPA is not taking final
action pertaining to sections
110(a)(2)(C), prong 3 of D(i) and (J) for
North Carolina for the 2010 1-hour NO2
NAAQS but instead will consider final
action of these elements in a separate
rulemaking. Additionally, on June 3,
2016, EPA finalized a rule related to the
prong 4 element of North Carolina’s
August 23, 2013, SIP submission for the
2010 1-hour NO2 NAAQS. See 81 FR
35634. With respect to the interstate
transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), North
Carolina provided a separate submission
and EPA is considering action related to
these provisions through a separate
rulemaking. The details of North
Carolina’s submission and the rationale
for EPA’s actions for this final
rulemaking are explained in the July 20,
2016, proposed rulemaking. Comments
on the proposed rulemaking were due
on or before August 19, 2016. EPA
received no adverse comments on the
proposed action.
II. Final Action
With the exception of the elements
related to state boards of section
110(a)(2)(E)(ii), the PSD permitting
requirements for major sources of
sections 110(a)(2)(C), and (J), and the
interstate requirements of
110(a)(2)(D)(i)(I) and (II) (prongs 1
through 4), EPA is taking final action to
approve North Carolina’s infrastructure
SIP submission for the 2010 1-hour NO2
NAAQS submitted on August 23, 2013.
EPA is taking final action to approve
North Carolina’s infrastructure SIP
submission for the 2010 1-hour NO2
NAAQS because the submission is
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.
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. 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:
E:\FR\FM\14OCR1.SGM
14OCR1
]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70966-70968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24779]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0312; FRL-9954-08-Region 4]
Air Plan Approval; KY; Removal of Stage II Gasoline Vapor
Recovery Program
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Kentucky State Implementation Plan (SIP) submitted by the
Commonwealth of Kentucky, through the Kentucky Energy and Environmental
Cabinet, on May 3, 2016. This SIP revision removes Stage II vapor
control requirements for new and upgraded gasoline dispensing
facilities in the State and allows for the decommissioning of existing
Stage II equipment in Boone, Campbell and Kenton Counties in Kentucky
(hereinafter referred to as the ``Northern Kentucky Area'' or
``Area''). EPA determined that Kentucky's May 3, 2016, SIP revision is
approvable because it is consistent with the Clean Air Act (CAA or
Act).
DATES: This rule will be effective November 14, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0312. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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 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. 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 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms.
Sheckler's telephone number is (404) 562-9222. She can also be reached
via electronic mail at sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 3, 1998, the Commonwealth of Kentucky submitted a SIP
revision to address the Stage II requirements \1\ for the Northern
Kentucky Area.\2\ EPA approved that SIP revision, containing Kentucky
regulation 401 KAR 59:174--Stage II controls at gasoline dispensing
facilities, in a notice published on February 8, 1999 (63 FR 67586). On
May 3, 2016, the Commonwealth of Kentucky submitted a SIP revision to
EPA seeking modifications of the Stage II requirements in the Northern
Kentucky Area. Specifically, it sought the removal of the Stage II
requirements in Kentucky regulation 401 KAR 59:174--Stage II Controls
at gasoline dispensing facilities. EPA published a proposed rulemaking
on August 17, 2016, to approve that SIP revision. The details of
Kentucky's submittal and the rationale for EPA's action are explained
in the proposed rulemaking. See 81 FR 54780. The comment period for
this proposed rulemaking closed on September 16, 2016. EPA did not
receive any comments, adverse or otherwise, during the public comment
period.
---------------------------------------------------------------------------
\1\ Stage II is a system designed to capture displaced vapors
that emerge from inside a vehicle's fuel tank, when gasoline is
dispensed into the tank. There are two basic types of Stage II
systems, the balance type and the vacuum assist type.
\2\ On November 6, 1991, EPA designated and classified Boone,
Campbell and Kenton Counties in Kentucky as part of the seven-county
area in and around the Cincinnati-Hamilton, OH-KY, area as a
moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR
56694. The ``moderate'' classification triggered various statutory
requirements for the Area, including the requirement pursuant to
section 182(b)(3) of the CAA to require all owners and operators of
gasoline dispensing systems to install and operate Stage II. EPA
redesignated the Northern Kentucky portion of the Area to attainment
for the 1-hour ozone NAAQS, effective July 31, 2002. See 67 FR
49600.
---------------------------------------------------------------------------
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Kentucky
regulation 401 KAR 59:174--Stage II Controls at gasoline dispensing
facilities, effective May 3, 2016, which removes Stage II vapor control
requirements for new and upgraded gasoline dispensing facilities in the
State. Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\3\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information)
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
[[Page 70967]]
III. Final Action
EPA is taking final action to approve the May 3, 2016, revision to
Kentucky Air Regulation 401 KAR 59:174, submitted by the Commonwealth
of Kentucky. This action removes Stage II vapor control requirements
for new and upgraded gasoline dispensing facilities and allows for the
decommissioning of existing Stage II equipment. EPA has determined that
Kentucky's May 3, 2016, SIP revision related to the State's Stage II
rules is consistent with the CAA and EPA's regulations and guidance
related to removal of Stage II requirements from the SIP and that these
changes will not interfere with any applicable requirement concerning
attainment or any other applicable requirement of the CAA, and
therefore satisfy section 110(l).
IV. 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. 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) and 13563 (76 FR 3821, January 21,
2011);
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, 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
rule 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.
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 December 13, 2016. 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.
Dated: October 3, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION 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(c) Table 1 is amended under Chapter 59 by revising
the entry for ``401 KAR 59:174'' to read of follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
EPA Approved Kentucky Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 59 New Source Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
401 KAR 59:174.................... Stage II controls at 5/3/2016 [Insert citation of publication]......
gasoline dispensing
facilities.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 70968]]
* * * * *
[FR Doc. 2016-24779 Filed 10-13-16; 8:45 am]
BILLING CODE 6560-50-P
