70966 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 

1Stage 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. 

2On 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. 

3 62 FR 27968 (May 22, 1997). 

and compliance reporting requirements, 

that means that there will be reduced 

emissions and greater responsibility on 

the part of sources. This final action will 

reduce adverse impacts by improving 

air quality in Indian country. In 

addition, we seek to establish a flexible 

preconstruction permitting program for 

minor sources in Indian country that is 

comparable to similar programs in 

neighboring states in order to create a 

more level regulatory playing field for 

owners and operators within and 

outside of Indian country. This final 

action will reduce an existing disparity 

by filling the regulatory gap. 

K. Congressional Review Act (CRA) 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Indians, Indians-law, Indians-tribal 

government, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: September 16, 2016. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2016–23178 Filed 10–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

sheckler.kelly@epa.gov. 

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. 

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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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart S—Kentucky 

■ 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: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

Chapter 59 New Source Standards 

*******

401 KAR 59:174 .......................... Stage II controls at gasoline dispensing facilities.5/3/2016 [Insert citation of publication].

*******


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70968 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 

* * * * * 

[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0362; FRL–9954–09- 

Region 4] 

Air Plan Approval; NC Infrastructure 

Requirements for the 2010 1-hour NO2

NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the State Implementation Plan 

(SIP) submission, submitted by the State 

of North Carolina, through the North 

Carolina Department of Environmental 

Quality, Division of Air Quality 

(NCDAQ) on August 23, 2013, to 

demonstrate that the State meets certain 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2010 1- 

hour nitrogen dioxide (NO2) national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. NCDAQ certified 

that the North Carolina SIP contains 

provisions that ensure the 2010 1-hour 

NO2 NAAQS is implemented, enforced, 

and maintained in North Carolina. EPA 

has determined that North Carolina’s 

infrastructure SIP submission, provided 

to EPA on August 23, 2013, satisfies 

certain required infrastructure elements 

for the 2010 1-hour NO2 NAAQS. 

DATES: This rule is effective November 

14, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0362. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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: 

Richard Wong, 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. The telephone number is 

(404) 562–8726. Mr. Richard Wong can 

also be reached via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On January 22, 2010 (published at 75 

FR 6474, February 9, 2010), EPA 

promulgated a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. Pursuant to 

section 110(a)(1) of the CAA, states are 

required to submit SIPs meeting the 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) requires states to 

address basic SIP elements such as 

requirements for monitoring, basic 

program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 

such SIPs for the 2010 NO2 NAAQS to 

EPA no later than January 22, 2013. 

In a proposed rulemaking published 

on July 20, 2016 (81 FR 47115), EPA 

proposed to approve North Carolina’s 

2010 1-hour NO2 NAAQS infrastructure 

SIP submission submitted on August 23, 

2013, with the exception of the elements 

related to state boards of section 

110(a)(2)(E)(ii), the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), and (J), and the 

interstate requirements of 

110(a)(2)(D)(i)(I) and (II) (prongs 1 

through 4). On November 13, 2015, EPA 

approved North Carolina’s August 23, 

2013, infrastructure SIP submission 

regarding the state boards requirements 

of sections 110(a)(2)(E)(ii). See 80 FR 

67645. On May 10, 2016 (81 FR 28797), 

EPA proposed to approve in part and 

disapprove in part, North Carolina’s 

December 4, 2015, infrastructure SIP 

submission regarding the PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C), prong 3 

of D(i) and (J) for the 2012 Annual PM2.5

NAAQS. Today EPA is not taking final 

action pertaining to sections 

110(a)(2)(C), prong 3 of D(i) and (J) for 

North Carolina for the 2010 1-hour NO2

NAAQS but instead will consider final 

action of these elements in a separate 

rulemaking. Additionally, on June 3, 

2016, EPA finalized a rule related to the 

prong 4 element of North Carolina’s 

August 23, 2013, SIP submission for the 

2010 1-hour NO2 NAAQS. See 81 FR 

35634. With respect to the interstate 

transport requirements of section 

110(a)(2)(D)(i)(I) (prongs 1 and 2), North 

Carolina provided a separate submission 

and EPA is considering action related to 

these provisions through a separate 

rulemaking. The details of North 

Carolina’s submission and the rationale 

for EPA’s actions for this final 

rulemaking are explained in the July 20, 

2016, proposed rulemaking. Comments 

on the proposed rulemaking were due 

on or before August 19, 2016. EPA 

received no adverse comments on the 

proposed action. 

II. Final Action 

With the exception of the elements 

related to state boards of section 

110(a)(2)(E)(ii), the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), and (J), and the 

interstate requirements of 

110(a)(2)(D)(i)(I) and (II) (prongs 1 

through 4), EPA is taking final action to 

approve North Carolina’s infrastructure 

SIP submission for the 2010 1-hour NO2

NAAQS submitted on August 23, 2013. 

EPA is taking final action to approve 

North Carolina’s infrastructure SIP 

submission for the 2010 1-hour NO2

NAAQS because the submission is 

consistent with section 110 of the CAA. 

III. 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: 


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