Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43489 

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 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. 

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or nonattainment area State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure 

Requirements for the 2012 

Annual PM2.5 NAAQS.

Alabama ........... 12/9/2015 9/18/2017, [insert Federal 

Register citation].

With the exception of section 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2 and 4) and the state 

board requirements of section 

110(a)(2)(E)(ii). 

[FR Doc. 2017–19699 Filed 9–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 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. 

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 


sradovich on DSKBBY8HB2PROD with RULES
43490 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 

3 62 FR 27968 (May 22, 1997). 

(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

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 

■ 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 2, is 

amended under ‘‘Reg 6—Standards of 

Performance for Existing Affected 

Facilities’’ by revising the entry for 

‘‘6.40’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 


sradovich on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43491 

TABLE 2—EPA APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA 

approval date Federal Register notice District effective date Explanation 

*******

Reg 6—Standards of Performance for Existing Affected Facilities 

*******

6.40 ..... Standards of Performance for Gasoline Transfer to 

Motor Vehicles (Stage II Vapor Recovery and Control System).

9/18/2017 [Insert citation of publication].11/10/2016 

*******

* * * * * 

[FR Doc. 2017–19697 Filed 9–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9962–56–Region 9] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the updates 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on June 17, 2016 and December 

12, 2016. Requirements applying to OCS 

sources located within 25 miles of 

States’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act, as amended in 1990 (‘‘the 

Act’’). The portions of the OCS air 

regulations that are being updated 

pertain to the requirements for OCS 

sources for which the Santa Barbara 

County Air Pollution Control District 

(‘‘Santa Barbara County APCD’’) and 

Ventura County Air Pollution Control 

District (‘‘Ventura County APCD’’) are 

the designated COA. The intended effect 

of approving the OCS requirements for 

the Santa Barbara County APCD and 

Ventura County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The changes to the existing 

requirements discussed in this 

document will be incorporated by 

reference into the Code of Federal 

Regulations and listed in the appendix 

to the OCS air regulations. 

DATES: This rule is effective on October 

18, 2017. The incorporation by reference 

of certain publications listed in this rule 

is approved by the Director of the 

Federal Register as of October 18, 2017. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket is available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, Air Division (Air-4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4125, vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 17, 2016 (81 FR 39607) and 

December 12, 2016 (81 FR 39607), EPA 

proposed to incorporate various Santa 

Barbara County APCD and Ventura 

County APCD air pollution control 

requirements into the OCS Air 

Regulations at 40 CFR part 55. We are 

incorporating these requirements in 

response to the submittal of these rules 

by the Districts. EPA has evaluated the 

proposed requirements to ensure that 

they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

Part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

limits EPA’s flexibility in deciding 

which requirements will be 

incorporated into part 55 and prevents 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s state implementation plan 

(SIP) guidance or certain requirements 

of the Act. Consistency updates may 

result in the inclusion of state or local 

rules or regulations into part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. Public Comments and EPA 

Responses 

EPA’s proposed actions provided 30- 

day public comment periods. During 

these periods, we received no comments 

on the proposed actions. 


sradovich on DSKBBY8HB2PROD with RULES