[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53636-53639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26197]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ME-001-3567a; A-1-FRL-5620-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Stage II Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maine on July 24, 1995. This revision 
includes requirements for controlling volatile organic compound (VOC) 
emissions from bulk gasoline terminals and gasoline dispensing 
facilities. The intended effect of this action is to approve these 
regulations into the Maine SIP. This action is being taken in 
accordance with the Clean Air Act.

DATES: This action is effective December 16, 1996, unless EPA receives 
adverse or critical comments by November 14, 1996. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, JFK Federal Building, Boston, MA 02203. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours, by appointment at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, Region I, One 
Congress Street, 11th floor, Boston, MA; Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 401 M Street, 
S.W., (LE-131), Washington, D.C. 20460; and the Bureau of Air Quality 
Control, Department of Environmental Protection, 71 Hospital Street, 
Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.

SUPPLEMENTARY INFORMATION: On July 26, 1995, EPA received a formal 
State Implementation Plan submittal from the Maine Department of 
Environmental Protection (DEP) containing the following VOC 
regulations:

Chapter 100: Definitions Regulation
Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements
Chapter 118: Gasoline Dispensing Facilities Vapor Control

    These regulations had been recently revised pursuant to the 
reasonable further progress (RFP) requirements of the Clean Air Act 
(CAA) [Section 182(b)(1)].

Background

    On November 15, 1990, amendments to the 1977 Clean Air Act were 
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. Section 182(b)(1) of the amended Act requires that states 
with ozone nonattainment areas classified as moderate and above develop 
reasonable further progress (RFP) plans to reduce VOC emissions by 15 
percent within these areas by 1996 when compared to 1990 baseline 
emission levels. The State of Maine contains three moderate ozone 
nonattainment areas 56 FR 56694 (Nov. 6, 1991). EPA, however, 
determined that RFP plans were not required in the Lewiston-Auburn 
moderate ozone nonattainment area and the Knox and Lincoln counties 
moderate ozone nonattainment area (60 FR 29763, (June 6, 1995)). 
Therefore, Maine adopted and submitted to EPA an RFP Plan for the 
Portland moderate ozone nonattainment area only. The revisions to 
Maine's Chapter 112 and Chapter 118 were adopted in order to generate 
VOC

[[Page 53637]]

emission reductions which are included in Maine's RFP Plan for the 
Portland area.
    Also, Section 184(b)(2) of the amended Act requires that states in 
the Ozone Transport Region (OTR) adopt Stage II or comparable measures 
within one year of EPA completion of a study identifying control 
measures capable of achieving emissions reductions comparable to those 
achievable through Section 182(b)(3) Stage II vapor recovery controls. 
On January 13, 1995, EPA completed its study ``Stage II Comparability 
Study for the Northeast Ozone Transport Region'' (EPA-452/R-94-011). 
Therefore, states in the OTR must adopt Stage II or comparable measures 
and submit them to EPA as a SIP revision by January 13, 1996. Maine has 
not yet submitted its Stage II comparability SIP revision to EPA, 
however, the reductions resulting from Maine's revisions to Chapters 
112 and 118 may be used by the State in meeting the Stage II 
comparability requirement.
    Maine's regulation revisions are briefly summarized below.

Summary of Regulation Revisions

Chapter 100: Definitions Regulation
    The definition of ``volatile organic compound (VOC)'' was revised. 
Acetone, parachlorobenzotriflouride, and volatile methyl siloxanes are 
now included on the list of compounds that are exempted from the 
definition of VOC because of their negligible photochemical reactivity.
Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements
    The emission limit for bulk gasoline terminals was lowered from 80 
mg/l to 35 mg/l. Compliance with the new lower limit is required by 
August 31, 1996.
Chapter 118: Gasoline Dispensing Facilities Vapor Control
    New Stage II vapor recovery requirements for gasoline dispensing 
facilities were added to this regulation.
    Gasoline dispensing facilities in the Portland ozone nonattainment 
area which dispense 1,000,000 gallons of gasoline or more per year must 
install Stage II controls by November 15, 1996.
    Maine's revisions will reduce VOC emissions. VOCs contribute to the 
production of ground level ozone and smog. These revisions were adopted 
as part of an effort to achieve the National Ambient Air Quality 
Standards for ozone. The following is EPA's evaluation of Maine's 
submittal.

Evaluation of Maine's Submittal

    In determining the approvability of a VOC rule, EPA must evaluate 
the rule for consistency with the requirements of the Act and EPA 
regulations, as found in section 110 and part D of the Act and 40 CFR 
part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans). EPA's interpretation of these requirements, 
which forms the basis for today's action, appears in various EPA policy 
guidance documents. The specific guidance relied on for this action is 
referenced within the technical support document and this notice. For 
the purpose of assisting State and local agencies in developing VOC 
rules, EPA prepared a series of Control Techniques Guideline (CTG) 
documents. The CTGs are based on the underlying requirements of the Act 
and specify presumptive norms for reasonably available control 
technology (RACT) for specific source categories. EPA has not yet 
developed CTGs to cover all sources of VOC emissions. Further 
interpretations of EPA policy are found in, but not limited to, the 
following: (1) The proposed Post-1987 ozone and carbon monoxide policy, 
52 FR 45044 (November 24, 1987); (2) the document entitled, ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice,'' otherwise known as the ``Blue Book'' (notice of availability 
was published in the Federal Register on May 25, 1988); and (3) the 
``Model Volatile Organic Compound Rules for Reasonably Available 
Control Technology,'' (Model VOC RACT Rules) issued as a staff working 
draft in June of 1992. In general, these guidance documents have been 
set forth to ensure that VOC rules are fully enforceable and strengthen 
or maintain the SIP.
    Also, under Section 182(b)(3) of the Act, EPA was required to issue 
guidance as to the effectiveness of Stage II vapor recovery systems. In 
November 1991, EPA issued technical and enforcement guidance to meet 
this requirement. 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'' (General Preamble) (57 FR 13498). The guidance 
documents and the General Preamble interpret the Stage II statutory 
requirement and indicate what EPA believes a State submittal needs to 
include to meet that requirement.
    EPA has evaluated Maine's revisions to its Chapter 100 and 112 
regulations and has found that these revisions are generally consistent 
with EPA model regulations, 40 CFR Part 51.100(s), 40 CFR Part 60 
Subpart XX, and the following EPA guidance document: ``Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals'' (EPA-450/2-
77-026). EPA has also evaluated the Stage II vapor recovery provisions 
which were added to Maine's Chapter 118 regulation and has found that 
these provisions are generally consistent with the following EPA 
guidance documents: ``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'' (October 1991).
    There is, however, one provision of Chapter 118 which is unique to 
Maine's Stage II program. This provision is briefly summarized below.

Maine's Market-Based Exemption

    Section 12 of Maine's revised Chapter 118 includes a ``market-based 
exemption'' provision which states that a gasoline dispensing facility 
may apply for an exemption from the Stage II requirements of the 
regulation if the facility installs Stage II controls at substituting 
facilities not otherwise subject to the rule (i.e., gasoline dispensing 
facilities whose gasoline throughput is less than the 1,000,000 gallons 
per year applicability threshold of the regulation). The substituting 
facilities must be located in the Portland ozone nonattainment area and 
have a total combined throughput which is greater than the throughput 
of the facility requesting the exemption. In addition, ``All 
substituting facilities participating in the market-based exemption are 
subject to all Stage II requirements specified in Section 4 (Standards 
for Stage II vapor recovery systems), Section 7 (Testing for Stage II 
vapor recovery systems), Section 8 (Training and Public Education), 
Section 9 (Recordkeeping and Reporting), and Section 10 (Registration 
of the Stage II vapor recovery systems).'' This ``market-based 
exemption'' provision may be viewed as an economic incentive program in 
which participation is limited to gasoline dispensing facilities.
    In order for EPA to grant approval of a state's economic incentive 
program certain criteria must be met. These criteria are outlined in 
EPA's Economic Incentive Program (EIP) rule which was promulgated on 
April 7, 1994 (59 FR 16690) and is codified at 40 CFR Part 51 Subpart 
U. Specifically, the EIP rule requires that trading programs contain 
specific source requirements, replicable

[[Page 53638]]

emissions quantification methods, audit/reconciliation procedures, and 
an additional environmental benefit beyond that which would be achieved 
through a traditional regulatory program. EPA has evaluated Maine's 
Stage II market-based exemption provision and has found that this 
provision, in conjunction with the state's Stage II implementation 
policy (as stated in a letter to EPA dated May 6, 1996), satisfies the 
criteria outlined in the EIP rule.
    A detailed discussion of Maine's Chapter 100, Chapter 112, and 
Chapter 118 revisions and EPA's evaluation are contained in a 
memorandum dated June 19, 1996, entitled ``Technical Support Document--
Maine--Stage II Vapor Recovery.'' Copies of that document are 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this notice.
    EPA is publishing this action without prior proposal in order to 
expedite the Agency's approval and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
EPA is proposing to approve the SIP revision should adverse or critical 
comments be filed. This action will be effective December 16, 1996 
unless adverse or critical comments are received by November 14, 1996.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
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 on December 16, 1996.

Final Action

    EPA is approving Maine's revised Chapter 100 ``Definitions 
Regulation,'' Maine's revised Chapter 112 ``Bulk Terminal Petroleum 
Liquid Transfer Requirements,'' and Maine's revised Chapter 118 
``Gasoline Dispensing Facilities Vapor Control.''
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 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. Secs. 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 State 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. 7410(a)(2).
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates 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 revision, the 
State and any affected local or tribal governments have elected to 
adopt the program provided for under Sections 182 and 184 of the Clean 
Air Act. These rules may bind State, local and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rules being approved by this action will impose no 
new requirements; 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. 
EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(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 review under Executive Order 
12866.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
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 Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 16, 1996. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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).) Any such petition 
must be based on objections raised with reasonable specificity as a 
public comment, unless it was impracticable to do so. Section 
307(b)(7)(B). Therefore, interested parties should comment in response 
to the proposed rule rather than petition for judicial review, unless 
the objection arises after the comment period allowed for in the 
proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Ozone.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Maine was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: September 23, 1996.
John P. DeVillars,
Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:


[[Page 53639]]


    Authority: 42 U.S.C. 7401-7671q.

Subpart U--Maine

    2. Section 52.1020 is amended by adding paragraphs (c)(42) and 
(c)(43) to read as follows:


Sec. 52.1020  Identification of plan.

* * * * * *
    (c) * * *
    (42) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Two letters from the Maine Department of Environmental 
Protection dated July 24, 1995 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions Regulation,'' definition of ``volatile 
organic compounds (VOC)'' effective in the State of Maine on July 25, 
1995.
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,'' 
effective in the State of Maine on July 25, 1995.
    (ii) Additional materials
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 24, 1995 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' 
effective in the State of Maine on July 25, 1995.
    (ii) Additional materials
    (A) Letter from the Maine Department of Environmental Protection 
dated May 6, 1996.
    (B) Nonregulatory portions of the submittal.
    3. In Sec. 52.1031, Table 52.1031 is amended by adding new entries 
to existing state citations for Chapters 100, 112, and 118 to read as 
follows:


Sec. 52.1031  EPA--Approved Maine Regulations.

* * * * *

                                                   Table 52.1031--EPA--Approved Rules and Regulations                                                   
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                                                       Date adopted    Date approved by     Federal Register                                            
         State citation              Title/Subject       by State            EPA                citation            52.1020                             
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                   *                  *                  *                  *                  *                  *                  *                  
100.............................  Definitions........      7/19/95   October 15, 1996...  [Insert FR citation  (c)(42)           Definition of ``VOC''  
                                                                                           from published                         revised.              
                                                                                           date].                                                       
                   *                  *                  *                  *                  *                  *                  *                  
112.............................  Gasoline Bulk            7/19/95   October 15, 1996...  [Insert FR citation  (c)(42)           Emission limit lowered 
                                   Terminals.                                              from published                         from 80 mg/l to 35 mg/
                                                                                           date].                                 l                     
                   *                  *                  *                  *                  *                  *                  *                  
118.............................  Gasoline Dispensing      7/19/95   October 15, 1996...  [Insert FR citation  (c)(43)           Stage II vapor recovery
                                   Facilities.                                             from published                         requirements added.   
                                                                                           date].                                                       
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[FR Doc. 96-26197 Filed 10-11-96; 8:45 am]
BILLING CODE 6560-50-P