Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program |
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Onis Glenn, III
Environmental Protection Agency
18 September 2017
[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.
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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 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.
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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 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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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\
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\3\ 62 FR 27968 (May 22, 1997).
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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
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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 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.
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(c) * * *
[[Page 43491]]
Table 2--EPA Approved Jefferson County Regulations for Kentucky
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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
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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