[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 [email protected].

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

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.

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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