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Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program

American Government Special Collections Reference Desk

American Government

Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program

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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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
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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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-19697 Filed 9-15-17; 8:45 am]
BILLING CODE 6560-50-P

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