82 FR 43489 - Air Plan Approval; KY; Removal of Stage II Gasoline Vapor Recovery Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 179 (September 18, 2017)
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43489-43491 | |
| FR Document | 2017-19697 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Rules and Regulations] [Pages 43489-43491] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19697] ----------------------------------------------------------------------- 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 [email protected]. 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43489
NAAQS’’ at the end of the table to read § 52.50 Identification of plan. (e) * * *
as follows: * * * * *
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable geo- State submittal
Name of nonregulatory SIP graphic or non- date/effective EPA approval date Explanation
provision attainment area date
* * * * * * *
110(a)(1) and (2) Infrastructure Alabama ........... 12/9/2015 9/18/2017, [insert Federal With the exception of section 110(a)(2)(D)(i)(I)
Requirements for the 2012 Register citation]. and (II) (prongs 1, 2 and 4) and the state
Annual PM2.5 NAAQS. board requirements of section
110(a)(2)(E)(ii).
[FR Doc. 2017–19699 Filed 9–15–17; 8:45 am] available only in hard copy form. revision, which contained changes to
BILLING CODE 6560–50–P Publicly available docket materials are the Jefferson County portion of
available either electronically through Kentucky SIP at Regulation 6.40,
www.regulations.gov or in hard copy at Standards of Performance for Gasoline
ENVIRONMENTAL PROTECTION the Air Regulatory Management Section, Transfer to Motor Vehicle (Stage II
AGENCY Air Planning and Implementation Vapor Recovery and Control Systems),
Branch, Air, Pesticides and Toxics in a document published on March 6,
40 CFR Part 52 Management Division, U.S. 1996 (61 FR 8873). On November 10,
[EPA–R04–OAR–2017–0014; FRL–9967–83– Environmental Protection Agency, 2016, the Commonwealth of Kentucky
Region 4] Region 4, 61 Forsyth Street SW., submitted a SIP revision for Regulation
Atlanta, Georgia 30303–8960. EPA 6.40, Standards of Performance for
Air Plan Approval; KY; Removal of requests that if at all possible, you Gasoline Transfer to Motor Vehicle
Stage II Gasoline Vapor Recovery contact the person listed in the FOR (Stage II Vapor Recovery and Control
Program FURTHER INFORMATION CONTACT section to Systems). In this action, EPA is
AGENCY: Environmental Protection schedule your inspection. The Regional approving Louisville’s request to revise
Agency (EPA). Office’s official hours of business are the Stage II requirements in the
Monday through Friday 8:30 a.m. to Louisville Kentucky Area. Specifically,
ACTION: Final rule.
4:30 p.m., excluding federal holidays. it seeks to remove the Stage II
SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: requirements in Jefferson County,
Agency (EPA) is approving changes to Kelly Sheckler, Air Regulatory Kentucky, and to add requirements for
the Kentucky State Implementation Plan Management Section, Air Planning and decommissioning the stations. EPA
(SIP) submitted by the Commonwealth Implementation Branch, Air, Pesticides published a proposed rulemaking on
of Kentucky, through the Kentucky and Toxics Management Division, July 3, 2017, to approve this SIP
Energy and Environmental Cabinet, on Region 4, U.S. Environmental Protection revision. The details of Kentucky’s
November 10, 2016, for the Louisville Agency, 61 Forsyth Street SW., Atlanta, submittal and the rationale for EPA’s
Metro Air Pollution Control District Georgia 30303–8960. Ms. Sheckler’s action are explained in the proposed
(District). This SIP revision removes telephone number is (404) 562–9222. rulemaking. See 82 FR 30809. The
Stage II vapor control requirements for She can also be reached via electronic comment period for this proposed
new and upgraded gasoline dispensing mail at sheckler.kelly@epa.gov. rulemaking closed on August 2, 2017.
facilities, and allows for the SUPPLEMENTARY INFORMATION: EPA did not receive any comments,
decommissioning of existing Stage II adverse or otherwise, during the public
I. Background
equipment in Jefferson County, comment period.
Kentucky. EPA determined that On March 4, 1993, the
Commonwealth of Kentucky submitted II. Incorporation by Reference
Kentucky’s November 10, 2016, SIP
revision is approvable because it is a SIP revision to address the Stage II
In this rule, EPA is finalizing
consistent with the Clean Air Act (CAA requirements 1 for Jefferson County,
regulatory text that includes
or Act). Kentucky.2 EPA approved that SIP
incorporation by reference. In
DATES: This rule will be effective 1 Stage II is a system designed to capture accordance with requirements of 1 CFR
October 18, 2017. displaced vapors that emerge from inside a 51.5, EPA is finalizing the incorporation
ADDRESSES: EPA has established a vehicle’s fuel tank, when gasoline is dispensed into by reference of Jefferson County portion
docket for this action under Docket the tank. There are two basic types of Stage II of Kentucky, regulation 6.40, Standards
systems, the balance type and the vacuum assist
Identification No. EPA–R04–OAR– type. of Performance for Gasoline Transfer to
2017–0014. All documents in the docket 2 On November 6, 1991, EPA designated and Motor Vehicle (Stage II Vapor Recovery
are listed on the www.regulations.gov classified Jefferson County in Kentucky as a and Control Systems), effective
Web site. Although listed in the index, moderate nonattainment area for the 1-hour ozone November 10, 2016, which removes
sradovich on DSKBBY8HB2PROD with RULES
NAAQS. See 56 FR 56694. The ‘‘moderate’’
some information may not be publicly classification triggered various statutory
Stage II vapor control requirements for
available, i.e., Confidential Business requirements for the Area, including the new and upgraded gasoline dispensing
Information or other information whose requirement pursuant to section 182(b)(3) of the facilities in Jefferson County, Kentucky.
disclosure is restricted by statute. CAA to require all owners and operators of gasoline EPA has made, and will continue to
dispensing systems to install and operate Stage II.
Certain other material, such as EPA redesignated the Louisville portion of the Area
make, these materials generally
copyrighted material, is not placed on to attainment for the 1-hour ozone NAAQS, available through www.regulations.gov
the Internet and will be publicly effective July 31, 2002. See 67 FR 49600. and/or at the EPA Region 4 Office
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![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43491
TABLE 2—EPA APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA District
Reg Title/subject Federal Register notice Explanation
approval date effective date
* * * * * * *
Reg 6—Standards of Performance for Existing Affected Facilities
* * * * * * *
6.40 ..... Standards of Performance for Gasoline Transfer to 9/18/2017 [Insert citation of publica- 11/10/2016
Motor Vehicles (Stage II Vapor Recovery and Con- tion].
trol System).
* * * * * * *
* * * * * Regulations and listed in the appendix response to the submittal of these rules
[FR Doc. 2017–19697 Filed 9–15–17; 8:45 am] to the OCS air regulations. by the Districts. EPA has evaluated the
BILLING CODE 6560–50–P DATES: This rule is effective on October proposed requirements to ensure that
18, 2017. The incorporation by reference they are rationally related to the
of certain publications listed in this rule attainment or maintenance of federal or
ENVIRONMENTAL PROTECTION is approved by the Director of the state ambient air quality standards or
AGENCY Federal Register as of October 18, 2017. Part C of title I of the Act, that they are
40 CFR Part 55 ADDRESSES: EPA has established docket not designed expressly to prevent
number OAR–2004–0091 for this action. exploration and development of the
The index to the docket is available OCS and that they are applicable to OCS
[OAR–2004–0091; FRL–9962–56–Region 9]
electronically at www.regulations.gov sources. 40 CFR 55.1. EPA has also
Outer Continental Shelf Air and in hard copy at EPA Region IX, 75 evaluated the rules to ensure that they
Regulations; Consistency Update for Hawthorne Street, San Francisco, are not arbitrary or capricious. 40 CFR
California California. While all documents in the 55.12(e).
docket are listed in the index, some Section 328(a) of the Act requires that
AGENCY: Environmental Protection information may be publicly available EPA establish requirements to control
Agency (EPA) only at the hard copy location (e.g., air pollution from OCS sources located
ACTION: Final rule. copyrighted material), and some may within 25 miles of states’ seaward
not be publicly available in either boundaries that are the same as onshore
SUMMARY: The Environmental Protection location (e.g., CBI). To inspect the hard requirements. To comply with this
Agency (EPA) is finalizing the updates copy materials, please schedule an statutory mandate, EPA must
of the Outer Continental Shelf (‘‘OCS’’) appointment during normal business incorporate applicable onshore rules
Air Regulations proposed in the Federal hours with the contact listed in the FOR into part 55 as they exist onshore. This
Register on June 17, 2016 and December FURTHER INFORMATION CONTACT section.
limits EPA’s flexibility in deciding
12, 2016. Requirements applying to OCS FOR FURTHER INFORMATION CONTACT: which requirements will be
sources located within 25 miles of Christine Vineyard, Air Division (Air-4), incorporated into part 55 and prevents
States’ seaward boundaries must be U.S. EPA Region 9, 75 Hawthorne EPA from making substantive changes
updated periodically to remain Street, San Francisco, CA 94105, (415) to the requirements it incorporates. As
consistent with the requirements of the 947–4125, vineyard.christine@epa.gov. a result, EPA may be incorporating rules
corresponding onshore area (‘‘COA’’), as SUPPLEMENTARY INFORMATION: into part 55 that do not conform to all
mandated by section 328(a)(1) of the Throughout this document, the terms of EPA’s state implementation plan
Clean Air Act, as amended in 1990 (‘‘the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. (SIP) guidance or certain requirements
Act’’). The portions of the OCS air Organization of this document: The of the Act. Consistency updates may
regulations that are being updated following outline is provided to aid in result in the inclusion of state or local
pertain to the requirements for OCS locating information in this preamble. rules or regulations into part 55, even
sources for which the Santa Barbara
I. Proposed Action though the same rules may ultimately be
County Air Pollution Control District II. Public Comments and EPA Responses disapproved for inclusion as part of the
(‘‘Santa Barbara County APCD’’) and III. EPA Action SIP. Inclusion in the OCS rule does not
Ventura County Air Pollution Control IV. Incorporation by Reference imply that a rule meets the requirements
District (‘‘Ventura County APCD’’) are V. Statutory and Executive Order Reviews
the designated COA. The intended effect of the Act for SIP approval, nor does it
of approving the OCS requirements for I. Proposed Action imply that the rule will be approved by
the Santa Barbara County APCD and On June 17, 2016 (81 FR 39607) and EPA for inclusion in the SIP.
sradovich on DSKBBY8HB2PROD with RULES
Ventura County APCD is to regulate December 12, 2016 (81 FR 39607), EPA II. Public Comments and EPA
emissions from OCS sources in proposed to incorporate various Santa Responses
accordance with the requirements Barbara County APCD and Ventura
onshore. The changes to the existing County APCD air pollution control EPA’s proposed actions provided 30-
requirements discussed in this requirements into the OCS Air day public comment periods. During
document will be incorporated by Regulations at 40 CFR part 55. We are these periods, we received no comments
reference into the Code of Federal incorporating these requirements in on the proposed actions.
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Document Created: 2017-09-16 00:52:04
Document Modified: 2017-09-16 00:52:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 18, 2017. | |
| 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 [email protected] | |
| FR Citation | 82 FR 43489 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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