Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program |
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Heather McTeer Toney
Environmental Protection Agency
14 October 2016
[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]
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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.
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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.
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\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.
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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)
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\3\ 62 FR 27968 (May 22, 1997).
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[[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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--Kentucky
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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.
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(c) * * *
EPA Approved Kentucky Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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Chapter 59 New Source Standards
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401 KAR 59:174.................... Stage II controls at 5/3/2016 [Insert citation of publication]......
gasoline dispensing
facilities.
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[[Page 70968]]
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[FR Doc. 2016-24779 Filed 10-13-16; 8:45 am]
BILLING CODE 6560-50-P