Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program, 43489-43491 [2017-19697]
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
NAAQS’’ at the end of the table to read
as follows:
§ 52.50
*
*
Identification of plan.
*
*
43489
(e) * * *
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2012
Annual PM2.5 NAAQS.
Applicable geographic or nonattainment area
*
Alabama ...........
[FR Doc. 2017–19699 Filed 9–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0014; FRL–9967–83–
Region 4]
Air Plan Approval; KY; Removal of
Stage II Gasoline Vapor Recovery
Program
Environmental Protection
Agency (EPA).
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
November 10, 2016, for the Louisville
Metro Air Pollution Control District
(District). This SIP revision removes
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities, and allows for the
decommissioning of existing Stage II
equipment in Jefferson County,
Kentucky. EPA determined that
Kentucky’s November 10, 2016, SIP
revision is approvable because it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective
October 18, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0014. 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
sradovich on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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State submittal
date/effective
date
Jkt 241001
12/9/2015
EPA approval date
Explanation
*
*
9/18/2017, [insert Federal
Register citation].
*
*
With the exception of section 110(a)(2)(D)(i)(I)
and (II) (prongs 1, 2 and 4) and the state
board
requirements
of
section
110(a)(2)(E)(ii).
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, Air, 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 March 4, 1993, the
Commonwealth of Kentucky submitted
a SIP revision to address the Stage II
requirements 1 for Jefferson County,
Kentucky.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 Jefferson County in Kentucky 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 Louisville portion of the Area
to attainment for the 1-hour ozone NAAQS,
effective July 31, 2002. See 67 FR 49600.
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revision, which contained changes to
the Jefferson County portion of
Kentucky SIP at Regulation 6.40,
Standards of Performance for Gasoline
Transfer to Motor Vehicle (Stage II
Vapor Recovery and Control Systems),
in a document published on March 6,
1996 (61 FR 8873). On November 10,
2016, the Commonwealth of Kentucky
submitted a SIP revision for Regulation
6.40, Standards of Performance for
Gasoline Transfer to Motor Vehicle
(Stage II Vapor Recovery and Control
Systems). In this action, EPA is
approving Louisville’s request to revise
the Stage II requirements in the
Louisville Kentucky Area. Specifically,
it seeks to remove the Stage II
requirements in Jefferson County,
Kentucky, and to add requirements for
decommissioning the stations. EPA
published a proposed rulemaking on
July 3, 2017, to approve this SIP
revision. The details of Kentucky’s
submittal and the rationale for EPA’s
action are explained in the proposed
rulemaking. See 82 FR 30809. The
comment period for this proposed
rulemaking closed on August 2, 2017.
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 Jefferson County portion
of Kentucky, regulation 6.40, Standards
of Performance for Gasoline Transfer to
Motor Vehicle (Stage II Vapor Recovery
and Control Systems), effective
November 10, 2016, which removes
Stage II vapor control requirements for
new and upgraded gasoline dispensing
facilities in Jefferson County, Kentucky.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
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43490
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, 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
III. Final Action
EPA is taking final action to approve
the November 10, 2016, revision to the
Jefferson County portion of the
Kentucky SIP, Regulation 6.40,
Standards of Performance for Gasoline
Transfer to Motor Vehicle (Stage II
Vapor Recovery and Control Systems),
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 November
10, 2016, SIP revision related to the
Louisville’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
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3 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:23 Sep 15, 2017
Jkt 241001
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
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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 17, 2017. 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: September 7, 2017.
Onis ‘‘Trey’’ Glenn, III,
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 2, is
amended under ‘‘Reg 6—Standards of
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.40’’ to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
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43491
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
TABLE 2—EPA APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA
approval date
Title/subject
*
*
*
Federal Register notice
*
*
District
effective date
Explanation
*
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
6.40 .....
*
*
Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control System).
*
*
*
*
*
*
*
*
[FR Doc. 2017–19697 Filed 9–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–9962–56–Region 9]
Outer Continental Shelf Air
Regulations; Consistency Update for
California
Environmental Protection
Agency (EPA)
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the updates
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on June 17, 2016 and December
12, 2016. Requirements applying to OCS
sources located within 25 miles of
States’ seaward boundaries must be
updated periodically to remain
consistent with the requirements of the
corresponding onshore area (‘‘COA’’), as
mandated by section 328(a)(1) of the
Clean Air Act, as amended in 1990 (‘‘the
Act’’). The portions of the OCS air
regulations that are being updated
pertain to the requirements for OCS
sources for which the Santa Barbara
County Air Pollution Control District
(‘‘Santa Barbara County APCD’’) and
Ventura County Air Pollution Control
District (‘‘Ventura County APCD’’) are
the designated COA. The intended effect
of approving the OCS requirements for
the Santa Barbara County APCD and
Ventura County APCD is to regulate
emissions from OCS sources in
accordance with the requirements
onshore. The changes to the existing
requirements discussed in this
document will be incorporated by
reference into the Code of Federal
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SUMMARY:
VerDate Sep<11>2014
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*
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*
[Insert citation of publication].
*
*
Regulations and listed in the appendix
to the OCS air regulations.
DATES: This rule is effective on October
18, 2017. The incorporation by reference
of certain publications listed in this rule
is approved by the Director of the
Federal Register as of October 18, 2017.
ADDRESSES: EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket is available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA.
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On June 17, 2016 (81 FR 39607) and
December 12, 2016 (81 FR 39607), EPA
proposed to incorporate various Santa
Barbara County APCD and Ventura
County APCD air pollution control
requirements into the OCS Air
Regulations at 40 CFR part 55. We are
incorporating these requirements in
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*
*
11/10/2016
*
*
response to the submittal of these rules
by the Districts. EPA has evaluated the
proposed requirements to ensure that
they are rationally related to the
attainment or maintenance of federal or
state ambient air quality standards or
Part C of title I of the Act, that they are
not designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure that they
are not arbitrary or capricious. 40 CFR
55.12(e).
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of state or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
EPA for inclusion in the SIP.
II. Public Comments and EPA
Responses
EPA’s proposed actions provided 30day public comment periods. During
these periods, we received no comments
on the proposed actions.
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[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43489-43491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19697]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0014; FRL-9967-83-Region 4]
Air Plan Approval; KY; Removal of Stage II Gasoline Vapor
Recovery Program
AGENCY: Environmental Protection Agency (EPA).
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 November 10, 2016, for the Louisville Metro Air Pollution
Control District (District). This SIP revision removes Stage II vapor
control requirements for new and upgraded gasoline dispensing
facilities, and allows for the decommissioning of existing Stage II
equipment in Jefferson County, Kentucky. EPA determined that Kentucky's
November 10, 2016, SIP revision is approvable because it is consistent
with the Clean Air Act (CAA or Act).
DATES: This rule will be effective October 18, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0014. 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, Air,
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 March 4, 1993, the Commonwealth of Kentucky submitted a SIP
revision to address the Stage II requirements \1\ for Jefferson County,
Kentucky.\2\ EPA approved that SIP revision, which contained changes to
the Jefferson County portion of Kentucky SIP at Regulation 6.40,
Standards of Performance for Gasoline Transfer to Motor Vehicle (Stage
II Vapor Recovery and Control Systems), in a document published on
March 6, 1996 (61 FR 8873). On November 10, 2016, the Commonwealth of
Kentucky submitted a SIP revision for Regulation 6.40, Standards of
Performance for Gasoline Transfer to Motor Vehicle (Stage II Vapor
Recovery and Control Systems). In this action, EPA is approving
Louisville's request to revise the Stage II requirements in the
Louisville Kentucky Area. Specifically, it seeks to remove the Stage II
requirements in Jefferson County, Kentucky, and to add requirements for
decommissioning the stations. EPA published a proposed rulemaking on
July 3, 2017, to approve this SIP revision. The details of Kentucky's
submittal and the rationale for EPA's action are explained in the
proposed rulemaking. See 82 FR 30809. The comment period for this
proposed rulemaking closed on August 2, 2017. 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 Jefferson
County in Kentucky 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 Louisville 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 Jefferson
County portion of Kentucky, regulation 6.40, Standards of Performance
for Gasoline Transfer to Motor Vehicle (Stage II Vapor Recovery and
Control Systems), effective November 10, 2016, which removes Stage II
vapor control requirements for new and upgraded gasoline dispensing
facilities in Jefferson County, Kentucky. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office
[[Page 43490]]
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion
in the SIP, 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\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve the November 10, 2016,
revision to the Jefferson County portion of the Kentucky SIP,
Regulation 6.40, Standards of Performance for Gasoline Transfer to
Motor Vehicle (Stage II Vapor Recovery and Control Systems), 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 November 10, 2016, SIP
revision related to the Louisville'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 November 17, 2017. 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: September 7, 2017.
Onis ``Trey'' Glenn, III,
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 2, is amended under ``Reg 6--Standards of
Performance for Existing Affected Facilities'' by revising the entry
for ``6.40'' to read as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
[[Page 43491]]
Table 2--EPA Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
EPA approval Federal Register District
Reg Title/subject date notice effective date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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Reg 6--Standards of Performance for Existing Affected Facilities
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.40............. Standards of 9/18/2017 [Insert citation of 11/10/2016
Performance for publication].
Gasoline Transfer to
Motor Vehicles (Stage
II Vapor Recovery and
Control System).
* * * * * * *
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* * * * *
[FR Doc. 2017-19697 Filed 9-15-17; 8:45 am]
BILLING CODE 6560-50-P
