[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8873-8875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5082]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-71-2-6062a; FRL-5427-4]
Approval and Promulgation of Implementation Plans--Kentucky:
Approval of Revision To The State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves a revision to the Kentucky State
Implementation Plan (SIP) adopted by the Kentucky Natural Resources and
Environmental Protection Cabinet (KNREP) on March 4, 1993, for the
[[Page 8874]]
purpose of implementing a Stage II vapor recovery program in Jefferson
County, Kentucky.
DATES: This final rule is effective May 6, 1996 unless adverse or
critical comments are received by April 5, 1996. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Alan
Powell at the EPA Regional Office listed below.
Copies of the documents relative to this action are available for
public inspection during normal business hours at the following
locations. The interested persons wanting to examine these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE, Atlanta, Georgia 30365.
Kentucky Resources and Environmental Protection Cabinet, Department for
Environmental Protection, Division for Air Quality, 316 St. Clair Mall,
Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Alan Powell, Regulatory Planning and
Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555, extension 4209. Reference file KY-71-2.
SUPPLEMENTARY INFORMATION: On November 15, 1990, the President signed
into law the Clean Air Act Amendments of 1990. The Clean Air Act as
amended in 1990 (CAA) includes new requirements for the improvement of
air quality in ozone nonattainment areas. Under section 181(a) of the
CAA, nonattainment areas were categorized by the severity of the area's
ozone problem, and progressively more stringent control measures were
required for each category of higher ozone concentrations. The basis
for classifying an area in a specific category was the ambient air
quality data obtained in the three year period 1987-1989. The CAA
delineates in section 182 the SIP requirements for ozone nonattainment
areas based on their classifications. Specifically, section 182(b)(3)
requires areas classified as moderate to implement Stage II controls
unless and until EPA promulgates On Board Vapor Recovery (OBVR)
regulations pursuant to section 202(a)(6) of the CAA. Based on
consultation with the National Highway Transportation Safety Board, EPA
determined that OBVR were unsafe and therefore moderate areas must
implement a Stage II program. On January 22, 1993, the United States
Court of Appeals for the District of Columbia ruled that EPA's previous
decision not to require OBVR controls be set aside and that OBVR
regulations be promulgated pursuant to section 202(a)(6) of the CAA.
Subsequently, EPA reached a settlement with the plaintiffs which
required EPA to promulgate final regulations by January 22, 1994. After
such promulgation, moderate areas will not be required to implement
Stage II regulations, but Kentucky has indicated that the Commonwealth
intends to continue Stage II as part of its ozone attainment plan for
the Jefferson County, Kentucky area. The EPA Administrator signed the
OBVR final rule on January 24, 1994.
Under section 182(b)(3), EPA was required to issue guidance as to
the effectiveness of Stage II systems. In November 1991, EPA issued
technical and enforcement guidance to meet this requirement. These two
documents are entitled ``Technical Guidance-Stage II Vapor Recovery
Systems for Control of Vehicle Refueling Emissions at Gasoline
Dispensing Facilities'' (EPA-450/3-91-022) and ``Enforcement Guidance
for Stage II Vehicle Refueling Control Programs.'' In addition, on
April 16, 1992, EPA published the ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'' (57
FR 13498). The guidance documents and the General Preamble discuss
Stage II statutory requirements and indicate what EPA believes a State
submittal needs to include to meet those requirements.
The Pollution Control District of Jefferson County approved these
regulations and on February 24, 1993, the Commonwealth of Kentucky
granted prior concurrence according to the provision in KRS 224.20-130.
The Jefferson County regulation is summarized as follows.
Regulation 6.40--Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery)
The CAA specifies that the state regulation 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), any
facility that dispenses more than 50,000 gallons of gasoline per month.
Section 324 of the CAA defines an ISBM. The Jefferson County regulation
does not allow the ISBM exemption and all gasoline dispensing stations
with a throughput of more than 10,000 gallons per month must comply.
Consistent with EPA's guidance, the regulation requires that Stage
II systems be tested and certified to meet a 95 percent emission
reduction efficiently by using a system approved by the California Air
Resources Board (CARB). The regulation 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 County has also established an
inspection program consistent with that described in EPA's guidance and
has established procedures for enforcing violations of the Stage II
requirements.
EPA has evaluated the Kentucky submittal for consistency with the
CAA, EPA regulations, and EPA policy. EPA has determined that the rule
addressed in this notice meets all of the CAA requirements and is
approving under section 110(k)(3), Regulation 6.40 of the Air Pollution
Control District of Jefferson County as part of the Kentucky SIP.
Final Action
EPA is approving this revision because it meets the requirements of
EPA and the CAA. This action is being taken without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments. However, in a separate document in
this Federal Register publication, the EPA is proposing to approve the
SIP revision should adverse or critical comments be filed. This action
will be effective May 6, 1996 unless, by April 5, 1996 adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective May 6, 1996.
The Agency has reviewed this request for revision of the Federally-
approved
[[Page 8875]]
State implementation plan for conformance with the provisions of the
CAA. The Agency has determined that this action conforms with those
requirements.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by May 6,
1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the Act, 42 U.S.C. 7607 (b)(2).)
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the Commonwealth is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-state relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct.
1976); 42 U.S.C. section 7410(a)(2) and 7410(k)(3).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Madates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section (insert) of the
CAA. These rules may bind State, local and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. EPA has examined whether the rules being approved by
this action will impose no new requirements, since such sources are
already subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action, and therefore there will be no
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 10, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.920, is amended by adding paragraph (c) (82) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(82) Revision to the Kentucky State Implementation Plan; Regulation
6.40 of the Air Pollution Control District of Jefferson County which
was submitted to EPA on March 4, 1993.
(i) Incorporation by reference.
Regulation 6.40 Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control) which were adopted
on December 16, 1992.
(ii) Other material. None.
[FR Doc. 96-5082 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-P
