54780 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules 

and pursuant to 29 CFR 458.3 

implementing the Civil Service Reform 

Act of 1978 and the Foreign Service Act 

of 1980 for the year 2000 and thereafter 

are also available at http://www.unionreports.dol.gov. 

(c) Pursuant to 29 U.S.C. 435(c) which 

provides that the Secretary will by 

regulation provide for the furnishing of 

copies of the documents listed in 

paragraph (a) of this section, upon 

payment of a charge based upon the cost 

of the service, these documents are 

available at a cost of $ .15 per page for 

record copies furnished. Authentication 

of copies is available in accordance with 

the fee schedule established in Sec. 

70.40. In accordance with 5 U.S.C. 

552(a)(4)(A)(vi), the provisions for fees, 

fee waivers and fee reductions in 

subpart C of this part do not supersede 

these charges for these documents. 

(d) Upon request of the Governor of a 

State for copies of any reports or 

documents filed pursuant to sections 

201, 202, 203, or 211 of the LaborManagement Reporting and Disclosure 

Act of 1959 (73 Stat. 524–528, 79 Stat. 

888; 29 U.S.C. 431–433, 441), or for 

information contained therein, which 

have been filed by any person whose 

principal place of business or 

headquarters is in such State, the Office 

of Labor-Management Standards will: 

(1) Make available without payment 

of a charge to the State agency 

designated by law or by such Governor, 

such requested copies of information 

and data, or 

(2) Require the person who filed such 

reports and documents to furnish such 

copies or information and data directly 

to the State agency thus designated. 

§ 70.54 Employee Benefits Security 

Administration. 

(a) The annual financial reports (Form 

5500) and attachments/schedules as 

filed by employee benefit plans under 

the Employee Retirement Income 

Security Act (ERISA) are in the custody 

of the Employee Benefits Security 

Administration (EBSA) at the address 

indicated in paragraph (b) of this 

section, and the right to inspect and 

copy such reports, as authorized under 

ERISA, at the fees set forth in this part, 

may be exercised at such office. 

(b) The mailing address for the 

documents described in this section 

is: U.S. Department of Labor, Employee 

Benefits Security Administration, Public 

Documents Room, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Appendix A to Part 70—FOIA 

Components 

The following list identifies the individual 

agency components of the Department of 

Labor for the purposes of the FOIA. Each 

component is responsible for making records 

in its custody available for inspection and 

copying, in accordance with the provisions of 

the FOIA and this part. Unless otherwise 

specified, the mailing addresses for the 

following national office components are 

listed below. Updated contact information for 

national and regional offices can be found on 

the DOL Web site at http://www.dol.gov/dol/ 

foia. 

U.S. Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210. 

1. Office of the Secretary (OSEC) 

2. Office of the Solicitor (SOL) 

3. Office of Administrative Law Judges (ALJ), 

800 K Street NW., Suite N–400, 

Washington, DC 20001–8002 

4. Office of the Assistant Secretary for 

Administration and Management 

(OASAM), 

5. Office of the Assistant Secretary for Policy 

(OASP). 

6. Office of the Chief Financial Officer 

(OCFO). 

7. Office of Congressional and 

Intergovernmental Affairs (OCIA). 

8. Office of Disability Employment Policy 

(ODEP). 

9. Office of Federal Contract Compliance 

Programs (OFCCP). 

10. Office of the Inspector General (OIG). 

11. Office of Labor Management Standards 

(OLMS). 

12. Office of Public Affairs (OPA). 

13. Office of Workers’ Compensation 

Programs (OWCP). 

14. Bureau of International Labor Affairs 

(ILAB). 

15. Bureau of Labor Statistics (BLS), Postal 

Square Building, Room 4040, 2 

Massachusetts Avenue NE., Washington, 

DC 20212–0001. 

16. Employment and Training 

Administration (ETA). 

Job Corps (part of ETA). 

17. Mine Safety and Health Administration 

(MSHA), 201 12th Street, South, 

Arlington, Virginia 22202. 

18. Occupational Safety and Health 

Administration (OSHA). 

19. Employee Benefits Security 

Administration (EBSA). 

20. Veterans’ Employment and Training 

Service (VETS). 

21. Employees’ Compensation Appeals Board 

(ECAB). 

22. Administrative Review Board (ARB). 

23. Benefits Review Board (BRB). 

24. Wage and Hour Division (WHD). 

25. Women’s Bureau (WB). 

Signed at Washington, DC, on August 1, 

2016. 

Thomas E. Perez, 

Secretary of Labor. 

[FR Doc. 2016–18594 Filed 8–16–16; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0312; FRL–9950–81– 

Region 4] 

Air Plan Approval; Kentucky; Removal 

of Stage II Gasoline Vapor Recovery 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

changes to the Kentucky State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky 

through its Energy and Environment 

Cabinet (EEC) on May 3, 2016. This SIP 

revision seeks to remove Stage II vapor 

control requirements for new and 

upgraded gasoline dispensing facilities 

in the State and allow for the 

decommissioning of existing Stage II 

equipment in Boone, Campbell and 

Kenton Counties in Kentucky. EPA has 

preliminarily determined that 

Kentucky’s May 3, 2016, SIP revision is 

approvable because it is consistent with 

the Clean Air Act (CAA or Act). 

DATES: Written comments must be 

received on or before September 16, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2016–0312 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

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1Section 182(b)(3) states that each State in which 

all or part of an ozone nonattainment area classified 

as moderate or above shall, with respect to that 

area, submit a SIP revision requiring owners or 

operators of gasoline dispensing systems to install 

and operate vapor recovery equipment at their 

facilities. Specifically, the CAA specifies that the 

Stage II requirements must apply to any facility that 

dispenses more than 10,000 gallons of gasoline per 

month or, in the case of an independent small 

business marketer (ISBM), as defined in section 324 

of the CAA, any facility that dispenses more than 

50,000 gallons of gasoline per month. Additionally, 

the CAA specifies the deadlines by which certain 

facilities must comply with the Stage II 

requirements. For facilities that are not owned or 

operated by an ISBM, these deadlines, calculated 

from the time of State adoption of the Stage II 

requirements, are: (1) 6 months for facilities for 

which construction began after November 15, 1990, 

(2) 1 year for facilities that dispense greater than 

100,000 gallons of gasoline per month, and (3) by 

November 15, 1994, for all other facilities. For 

ISBMs, section 324(a) of the CAA provides the 

following three-year phase-in period: (1) 33 percent 

of the facilities owned by an ISBM by the end of 

the first year after the regulations take effect; (2) 66 

percent of such facilities by the end of the second 

year; and (3) 100 percent of such facilities after the 

third year. 

2ORVR is a system employed on gasolinepowered highway motor vehicles to capture 

gasoline vapors displaced from a vehicle fuel tank 

during refueling events. These systems are required 

under section 202(a)(6) of the CAA and 

implementation of these requirements began in the 

1998 model year. Currently they are used on all 

gasoline-powered passenger cars, light trucks and 

complete heavy trucks of less than 14,000 pounds 

GVWR. ORVR systems typically employ a liquid 

file neck seal to block vapor escape to the 

atmosphere and otherwise share many components 

with the vehicles’ evaporative emission control 

system including the onboard diagnostic system 

sensors. 

3Memorandum from John S. Seitz, Director, 

Office of Air Quality Planning and Standards, to 

EPA Regional Air Directors, Impact of the Recent 

Onboard Decision on Stage II Requirements in 

Moderate Areas (March 9, 1993), available at: http:// 

www.epa.gov/ttn/naaqs/aqmguide/collection/cp2/

19930309_seitz_onboard_impact_stage2_.pdf. 

4As noted above, EPA found, pursuant to CAA 

section 202(a)(6), that ORVR systems are in 

widespread use in the motor vehicle fleet and 

waived the CAA section 182(b)(3) Stage II vapor 

recovery requirement for serious and higher ozone 

nonattainment areas on May 16, 2012. Thus, in its 

implementation rule for the 2008 ozone NAAQS, 

EPA removed the section 182(b)(3) Stage II 

requirement from the list of applicable 

requirements in 40 CFR 51.1100(o). See 80 FR 

12264 for additional information. 

5This guidance document is available at: http:// 

www.epa.gov/groundlevelozone/pdfs/

20120807guidance.pdf. 

6The other counties in this nonattainment area 

were Butler, Clermont, Hamilton and Warren 

Counties in Ohio. See 56 FR 56813. 

7As discussed above, 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. 

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. Ms. 

Sheckler’s phone number is (404) 562– 

9222. She can also be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Federal Stage II 

Requirements 

Stage I vapor recovery is a type of 

emission control system that captures 

gasoline vapors that are released when 

gasoline is delivered to a storage tank. 

The vapors are returned to the tank 

truck as the storage tank is being filled 

with fuel, rather than released to the 

ambient air. Stage II and onboard 

refueling vapor recovery (ORVR) are two 

types of emission control systems that 

capture fuel vapors from vehicle gas 

tanks during refueling. Stage II systems 

are specifically installed at gasoline 

dispensing facilities and capture the 

refueling fuel vapors at the gasoline 

pump nozzle. The system carries the 

vapors back to the underground storage 

tank at the gasoline dispensing facility 

to prevent the vapors from escaping to 

the atmosphere. ORVR systems are 

carbon canisters installed directly on 

automobiles to capture the fuel vapors 

evacuated from the gasoline tank before 

they reach the nozzle. The fuel vapors 

captured in the carbon canisters are 

then combusted in the engine when the 

automobile is in operation. 

Under section 182(b)(3) of the CAA, 

each state was required to submit a SIP 

revision to implement Stage II for all 

ozone nonattainment areas classified as 

moderate, serious, severe, or extreme, 

primarily for the control of volatile 

organic compounds (VOC)—a precursor 

to ozone formation.1 However, section 

202(a)(6) of the CAA states that the 

section 182(b)(3) Stage II requirements 

for moderate ozone nonattainment areas 

shall not apply after the promulgation of 

ORVR standards.2 ORVR standards were 

promulgated by EPA on April 6, 1994. 

See 59 FR 16262 and 40 CFR parts 86, 

88 and 600. As a result, the CAA no 

longer requires moderate areas to 

impose Stage II controls under section 

182(b)(3), and such areas were able to 

submit SIP revisions, in compliance 

with section 110(l) of the CAA, to 

remove Stage II requirements from their 

SIPs. EPA’s policy memoranda related 

to ORVR, dated March 9, 1993, and June 

23, 1993, provide further guidance on 

removing Stage II requirements from 

certain areas. The policy memorandum 

dated March 9, 1993, states that ‘‘[w]hen 

onboard rules are promulgated, a State 

may withdraw its Stage II rules for 

moderate areas from the SIP (or from 

consideration as a SIP revision) 

consistent with its obligations under 

sections 182(b)(3) and 202(a)(6), so long 

as withdrawal will not interfere with 

any other applicable requirement of the 

Act.’’ 3

CAA section 202(a)(6) also provides 

discretionary authority to the EPA 

Administrator to, by rule, revise or 

waive the section 182(b)(3) Stage II 

requirement for serious, severe, and 

extreme ozone nonattainment areas after 

the Administrator determines that 

ORVR is in widespread use throughout 

the motor vehicle fleet. On May 16, 

2012, in a rulemaking entitled ‘‘Air 

Quality: Widespread Use for Onboard 

Refueling Vapor Recovery and Stage II 

Waiver,’’ EPA determined that ORVR 

technology is in widespread use 

throughout the motor vehicle fleet for 

purposes of controlling motor vehicle 

refueling emissions. See 77 FR 28772. 

By that action, EPA waived the 

requirement for states to implement 

Stage II gasoline vapor recovery systems 

at gasoline dispensing facilities in 

nonattainment areas classified as 

serious and above for the ozone 

NAAQS. Effective May 16, 2012, states 

implementing mandatory Stage II 

programs under section 182(b)(3) of the 

CAA were allowed to submit SIP 

revisions to remove this program. See 40 

CFR 51.126(b).4 On April 7, 2012, EPA 

released the guidance entitled 

‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plans and 

Assessing Comparable Measures’’ for 

states to consider in preparing their SIP 

revisions to remove existing Stage II 

programs from state implementation 

plans.5

II. Kentucky’s Stage II Requirements for 

the Northern Kentucky Area 

On November 6, 1991, EPA 

designated and classified Boone, 

Campbell and Kenton Counties in 

Kentucky (hereinafter referred to as the 

‘‘Northern Kentucky Area’’ or ‘‘Area’’) 

as part of the seven-county area in and 

around the Cincinnati-Hamilton, OHKY, area as a moderate nonattainment 

area for the 1-hour ozone NAAQS.6 See 

56 FR 56694, 56764. As mentioned 

above, the ‘‘moderate’’ classification 

triggered various statutory requirements 

for this Area, including the requirement 

pursuant to section 182(b)(3) of the CAA 

for the Area to require all owners and 

operators of gasoline dispensing systems 

to install and operate a system for 

gasoline vapor recovery of emissions 

from the fueling of motor vehicles 

known as ‘‘Stage II.’’ 7

On February 3, 1998, the 

Commonwealth of Kentucky submitted 

a SIP revision to address the Stage II 

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8CAA section 193 is not relevant because 

Kentucky’s Stage II rule was not included in the SIP 

before the 1990 CAA amendments. 

9EPA, Guidance on Removing Stage II Gasoline 

Vapor Control Programs from State Implementation 

Plans and Assessing Comparable Measures, EPA– 

457/B–12–001 (Aug. 7, 2012), available at https:// 

www.epa.gov/ozone-pollution/ozone-stage-twovapor-recovery-rule-and-guidance. This guidance 

document notes that ‘‘the potential emission control 

losses from removing Stage II VRS are transitional 

and relatively small. ORVR-equipped vehicles will 

continue to phase in to the fleet over the coming 

years and will exceed 80 percent of all highway 

gasoline vehicles and 85 percent of all gasoline 

dispensed during 2015. As the number of these 

ORVR-equipped vehicles increase, the control 

attributed to Stage II VRS will decrease even 

further, and the potential foregone Stage II VOC 

emission reductions are generally expected to be no 

more than one percent of the VOC inventory in the 

area.’’ 

10Two counties in Kentucky are currently 

designated nonattainment for the 1997 Annual fine 

particulate matter (PM2.5) standard: Bullitt and 

Jefferson. While VOC is one of the precursors for 

particulate matter (NAAQS) formation, studies have 

indicated that, in the southeast, emissions of direct 

PM2.5 and the precursor sulfur oxides are more 

significant to ambient summertime PM2.5

concentrations than emissions of nitrogen oxides 

and anthropogenic VOC. See, e.g., Quantifying the 

sources of ozone, fine particulate matter, and 

regional haze in the Southeastern United States, 

Journal of Environmental Management (2009), 

available at: http://www.sciencedirect.com/science/ 

article/pii/S0301479709001893. 

11The emissions-reduction disbenefit associated 

with continued implementation of Stage II 

requirements is due to the incompatibility of some 

Stage II and ORVR systems. Compatibility problems 

can result in an increase in emissions from the 

underground storage tank (UST) vent pipe and 

other system fugitive emissions related to the 

refueling of ORVR vehicles with some types of 

vacuum assist-type Stage II systems. This occurs 

during refueling an ORVR vehicle when the 

vacuum assist system draws fresh air into the UST 

rather than an air vapor mixture from the vehicle 

fuel tank. Vapor flow from the vehicle fuel tank is 

blocked by the liquid seal in the fill pipe which 

forms at a level deeper in the fill pipe than can be 

reached by the end of the nozzle spout. The fresh 

air drawn into the UST enhances gasoline 

evaporation in the UST which increases pressure in 

requirements for the Northern Kentucky 

Area. 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. Northern Kentucky’s Stage II 

rule, as currently incorporated into the 

SIP, requires that Stage II systems be 

tested and certified to meet a 95 percent 

emission reduction efficiency by using a 

system approved by the California Air 

Resources Board (CARB). The rule 

requires sources to verify proper 

installation and function of Stage II 

equipment through use of a liquid 

blockage test and a leak test prior to 

system operation and every five years or 

upon major modification of a facility 

(i.e., 75 percent or more equipment 

change). The Commonwealth also 

established an inspection program 

consistent with that described in EPA’s 

Stage II guidance and has established 

procedures for enforcing violations of 

the Stage II requirements. 

On December 13, 1999, Kentucky 

submitted to EPA a request to 

redesignate the Northern Kentucky Area 

to attainment for the 1-hour ozone 

standard and an associated maintenance 

plan. The maintenance plan, as required 

under section 175A of the CAA, showed 

that nitrogen oxides and VOC emissions 

in the Area would remain below the 

1996 ‘‘attainment year’’ levels through 

the greater than ten-year period from 

1996–2010. In making these projections, 

Kentucky factored in the emissions 

benefit of the Area’s Stage II program, 

thereby maintaining this program as an 

active part of its 1-hour ozone SIP. 

Originally, the redesignation request 

and maintenance plan were approved 

by EPA, effective July 5, 2000. See 65 FR 

37879. However, the United States 

Court of Appeals for the Sixth Circuit 

vacated EPA’s approval of this 

redesignation request and maintenance 

plan and remanded it back to EPA after 

the Court concluded that EPA erred in 

one respect pertaining only to the Ohio 

portion of the Area. On July 31, 2002, 

EPA reinstated the approval of the 

redesignation request and maintenance 

plan for Kentucky. See 67 FR 49600. 

Subsequently, Boone, Campbell and 

Kenton Counties in Kentucky (or 

portions thereof) were designated 

nonattainment as a part of a larger tristate nonattainment area which 

included Kentucky, Ohio and Indiana 

counties in and around the Cincinnati 

area for both the 1997 8-hour ozone and 

2008 8-hour ozone NAAQS. On August 

5, 2010, the Area (i.e., the Kentucky 

portion of the tri-state CincinnatiHamilton Area) was redesignated to 

attainment of the 1997 8-hour ozone 

NAAQS. See 75 FR 47218. The tri-state 

Cincinnati-Hamilton Area is attaining 

the 2008 8-hour ozone NAAQS, and the 

Commonwealth is in the process of 

submitting a redesignation request and 

maintenance plan for the 2008 8-hour 

ozone NAAQS. 

III. Analysis of the Commonwealth’s 

Submittal 

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 seeks the 

removal of the Stage II requirements in 

Kentucky regulation 401 KAR 59:174— 

Stage II Controls at gasoline dispensing 

facilities. These modifications would 

remove Stage II vapor control 

requirements for new and upgraded 

gasoline dispensing facilities in the 

State and allow for the 

decommissioning of existing Stage II 

equipment. 

EPA’s primary consideration for 

determining the approvability of the 

Commonwealth of Kentucky’s request is 

whether this requested action complies 

with section 110(l) of the CAA.8 Section 

110(l) requires that a revision to the SIP 

not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of the Act. EPA evaluates 

each section 110(l) noninterference 

demonstration on a case-by-case basis, 

considering the circumstances of each 

SIP revision. EPA interprets 110(l) as 

applying to all NAAQS that are in effect, 

including those that have been 

promulgated but for which the EPA has 

not yet made designations. The degree 

of analysis focused on any particular 

NAAQS in a noninterference 

demonstration varies depending on the 

nature of the emissions associated with 

the proposed SIP revision. EPA’s 

analysis of Kentucky’s May 3, 2016, SIP 

revision pursuant to section 110(l) is 

provided below. 

In its May 3, 2016, SIP revision, 

Kentucky used EPA’s guidance entitled 

‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plans and 

Assessing Comparable Measures’’ to 

conduct a series of calculations to 

determine the potential impact on air 

quality of removing the Stage II 

program.9 Kentucky’s analysis focused 

on VOC emissions because, as 

mentioned above, Stage II requirements 

affect VOC emissions and because VOC 

are a precursor for ozone formation.10

The results of Kentucky’s analysis are 

provided in the table below. 

TABLE 1—VOC EMISSIONS DIFFERENCE BETWEEN STAGE II VRS 

IN PLACE AND REMOVED

Year 

VOC 

emissions 

(tons per day) 

2011 .................................. N/A 

2014 .................................. ¥0.21 

2017 .................................. ¥0.15 

2020 .................................. ¥0.10 

Table 1 shows that the removal of 

Stage II vapor recovery systems in the 

Northern Kentucky Area starting in 

2014 would have resulted and will 

result in a VOC emission decrease. If 

instead Stage II requirements are kept in 

place, VOC emissions will decrease by 

less, and it will less beneficial to air 

quality in Northern Kentucky to keep 

Stage II systems in operation.11

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the UST. Unless it is lost as a fugitive emission, any 

tank pressure in excess of the rating of the pressure/ 

vacuum valve is vented to the atmosphere over the 

course of a day. See EPA, Guidance on Removing 

Stage II Gasoline Vapor Control Programs from State 

Implementation Plans and Assessing Comparable 

Measures, EPA–457/B–12–001 (Aug. 7, 2012), 

available at: https://www.epa.gov/ozone-pollution/

ozone-stage-two-vapor-recovery-rule-and-guidance. 

Thus, as ORVR technology is phased in, the amount 

of emission control that is gained through Stage II 

systems decreases. 

The affected sources covered by 

Kentucky’s Stage II vapor recovery 

requirements are sources of VOC. Other 

criteria pollutants (carbon monoxide, 

sulfur dioxide, nitrogen dioxide, 

particulate matter, and lead) are not 

emitted by gasoline dispensing facilities 

and will not be affected by the removal 

of Stage II controls. 

The proposed revisions to 401 KAR 

59:174 include that gasoline dispensing 

facilities located in Boone, Campbell 

and Kenton Counties shall 

decommission and remove the systems 

no later than December 31, 2018. 

Kentucky noted in its submission that 

the decommissioning procedures in the 

revised version of 401 KAR 59:174 

follow Petroleum Equipment Institute 

(PEI) guidance, ‘‘Recommended 

Practices for Installation and Testing of 

Vapor Recovery Systems at Vehicle 

Refueling Sites,’’ PEI/RP300–09. 

EPA is proposing to determine that 

Kentucky’s technical analysis is 

consistent with EPA’s guidance on 

removing Stage II requirements from a 

SIP, including as it relates to the 

decommissioning and phasing out of the 

Stage II requirements for the Northern 

Kentucky Area. EPA is also making the 

preliminary determination that 

Kentucky’s SIP revision is consistent 

with the CAA and with EPA’s 

regulations 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. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Kentucky Regulation 401 KAR 59:174— 

Stage II controls at gasoline dispensing 

facilities, effective March 4, 2016. 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). 

V. Proposed Action 

EPA is proposing to approve the 

Commonwealth of Kentucky’s May 3, 

2016, SIP revision that changes 

Kentucky’s Stage II rule, 401 KAR 

59:174, to allow for the removal of the 

Stage II requirement and the orderly 

decommissioning of Stage II equipment. 

EPA is proposing this approval because 

the Agency has made the preliminary 

determination that the Commonwealth 

of Kentucky’s May 3, 2016, SIP revision 

related to the Commonwealth’s Stage II 

rule is consistent with the CAA and 

with EPA’s regulations and guidance. 

VI. 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 proposed 

action merely proposes to approve state 

law as meeting federal requirements and 

does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 8, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–19538 Filed 8–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1801, 1815, and 1852 

RIN 2700–AE35 

Remove NASA FAR Supplement 

Clause, Engineering Change Proposals 

(2016–N030) 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: National Aeronautics and 

Space Administration (NASA) is 

proposing to amend the NASA FAR 

Supplement (NFS) to remove NFS 

clause 1852.243–70, Engineering 

Change Proposals (ECPs) basic clause 

with its Alternate I & II and associated 

information collection from the NFS. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 17, 2016 to be considered in 

formulation of the final rule. 

ADDRESSES: Submit comments 

identified by NFS Case 2016–N030, 

using any of the following methods: 

mstockstill on DSK3G9T082PROD with PROPOSALS