[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Proposed Rules]
[Pages 63591-63594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0818; A-1-FRL-9916-17-Region-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Decommissioning of Stage II Vapor Recovery Systems

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island Department of Environmental Management. This 
revision includes regulatory amendments that allow gasoline dispensing 
facilities (GDFs) to decommission their Stage II vapor recovery systems 
as of December 25, 2013, and a demonstration that such removal is 
consistent with the Clean Air Act and EPA guidance. This revision also 
includes regulatory amendments that strengthen Rhode Island's 
requirements for Stage I vapor recovery systems at GDFs. The intended 
effect of this action is to propose approval of Rhode Island's revised 
vapor recovery regulations.

DATES: Written comments must be received on or before November 24, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2013-0818 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-Mail: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2013-0818,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
(Mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2013-0818. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact 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 
legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency: Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (Mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email [email protected].

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.

[[Page 63592]]

    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 13, 2013, the Rhode Island Department of Environmental 
Management submitted a revision to its State Implementation Plan (SIP). 
The SIP revision consists of Rhode Island's revised Air Pollution 
Control Regulation No. 11, Petroleum Liquids Marketing and Storage, 
which has been revised to allow the decommissioning of Stage II vapor 
recovery systems and to strengthen Stage I vapor recovery requirements. 
The SIP submittal also includes a demonstration that removal of Stage 
II vapor recovery systems in Rhode Island is consistent with the Clean 
Air Act and EPA guidance.
    Stage II and onboard refueling vapor recovery (ORVR) systems are 
two types of emission control systems that capture fuel vapors from 
vehicle gas tanks during refueling. Stage II vapor recovery systems are 
installed at gasoline dispensing facilities (GDFs) and capture the 
refueling fuel vapors at the gasoline pump. The system carries the 
vapors back to the underground storage tank at the GDF 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.
    Stage II vapor recovery systems and vehicle ORVR systems were 
initially both required by the 1990 Amendments to the Clean Air Act 
(CAA). Section 182(b)(3) of the CAA requires moderate and above ozone 
nonattainment areas to implement Stage II vapor recovery programs. 
Also, under CAA section 184(b)(2), states in the Ozone Transport Region 
(OTR) are required to implement Stage II or comparable measures. CAA 
section 202(a)(6) required EPA to promulgate regulations for ORVR for 
light-duty vehicles (passenger cars). EPA adopted these requirements in 
1994, at which point moderate ozone nonattainment areas were no longer 
subject to the CAA section 182(b)(3) Stage II vapor recovery 
requirements. ORVR equipment has been phased in for new passenger 
vehicles beginning with model year 1998, and starting with model year 
2001 for light-duty trucks and most heavy-duty gasoline powered 
vehicles. ORVR equipment has been installed on nearly all new gasoline-
powered light-duty vehicles, light-duty trucks, and heavy-duty vehicles 
since 2006.
    During the phase-in of ORVR controls, Stage II has provided 
volatile organic compound (VOC) reductions in ozone nonattainment areas 
and certain attainment areas of the OTR. Congress recognized that ORVR 
systems and Stage II vapor recovery systems would eventually become 
largely redundant technologies, and provided authority to EPA to allow 
states to remove Stage II vapor recovery programs from their SIPs after 
EPA finds that ORVR is in ``widespread use.'' Effective May 16, 2012, 
the date the final rule was published in the Federal Register (see 77 
FR 28772), EPA determined that ORVR systems are in widespread use 
nationwide for control of gasoline emissions during refueling of 
vehicles at GDFs. Currently, more than 75 percent of gasoline refueling 
nationwide occurs with ORVR-equipped vehicles, so Stage II vapor 
recovery programs have become largely redundant control systems and 
Stage II vapor recovery systems achieve an ever declining emissions 
benefit as more ORVR-equipped vehicles continue to enter the on-road 
motor vehicle fleet.\1\ In its May 16, 2012 rulemaking, EPA also 
exercised its authority under CAA section 202(a)(6) to waive certain 
federal statutory requirements for Stage II vapor recovery systems at 
GDFs. This decision exempts all new ozone nonattainment areas 
classified serious or above from the requirement to adopt Stage II 
vapor recovery programs. Finally, EPA's May 16, 2012 rulemaking also 
noted that any state currently implementing Stage II vapor recovery 
programs may submit SIP revisions that would allow for the phase-out of 
Stage II vapor recovery systems.
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    \1\ In areas where certain types of vacuum-assist Stage II vapor 
recovery systems are used, the differences in operational design 
characteristics between ORVR and some configurations of these Stage 
II vapor recovery systems result in the reduction of overall control 
system efficiency compared to what could have been achieved relative 
to the individual control efficiencies of either ORVR or stage II 
emissions from the vehicle fuel tank.
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    Stage I vapor recovery systems are systems that capture vapors 
displaced from storage tanks at GDFs during gasoline tank truck 
deliveries. When gasoline is delivered into an aboveground or 
underground storage tank, vapors that were taking up space in the 
storage tank are displaced by the gasoline entering the storage tank. 
The Stage I vapor recovery systems route these displaced vapors into 
the delivery truck's tank. Some vapors are vented when the storage tank 
exceeds a specified pressure threshold, however the Stage I vapor 
recovery systems greatly reduce the possibility of these displaced 
vapors being released into the atmosphere.
    Stage I vapor recovery systems have been in place since the 1970s. 
EPA has issued the following guidance regarding Stage I systems: 
``Design Criteria for Stage I Vapor Control Systems--Gasoline Service 
Stations'' (November 1975, EPA Online Publication 450R75102), which is 
regarded as the control techniques guideline (CTG) for the control of 
VOC emissions from this source category; and the EPA document ``Model 
Volatile Organic Compound Rules for Reasonably Available Control 
Technology'' (Staff Working Draft, June 1992) contains a model Stage I 
regulation.
    In more recent years, the California Air Resources Board (CARB) has 
required Stage I vapor recovery systems capable of achieving vapor 
control efficiencies higher than those achieved by traditional systems. 
These systems are commonly referred to as Enhanced Vapor Recovery (EVR) 
systems.

II. Summary of Rhode Island's SIP Revision

    Rhode Island adopted its Stage II Vapor Recovery Program in 1992 in 
order to satisfy the requirements of sections 182(b)(3) and 184(b)(2) 
of the CAA. The Rhode Island Stage II vapor recovery program 
requirements were codified in Rhode Island Air Pollution Control 
Regulation No. 11, Petroleum Liquids Marketing and Storage, and EPA 
approved the program into the Rhode Island SIP on December 17, 1993 (58 
FR 65930). Rhode Island's rule required gasoline dispensing facilities 
throughout the state to install Stage II vapor recovery systems.
    On December 13, 2013, Rhode Island submitted a SIP revision 
consisting of its revised Air Pollution Control Regulation No. 11, 
Petroleum Liquids Marketing and Storage. This SIP revision includes 
regulatory amendments that allow GDFs to decommission their Stage II 
vapor recovery systems as of December 25, 2013 and requires that all 
GDFs equipped with Stage II vapor recovery systems that are not 
compatible with ORVR, decommission their Stage II vapor recovery 
systems by December 22, 2017.
    A GDF equipped with a Stage II vapor recovery system that is not 
ORVR-compatible can apply for an exemption to the Stage II removal 
requirement if

[[Page 63593]]

such GDF will install, by December 22, 2017, air pollution control 
systems to control tank excess vent emissions resulting from that 
incompatibility. These GDFs are then required to continue to operate 
and maintain their Stage II vapor recovery systems in accordance with 
Rhode Island's regulations, until the time when such Stage II vapor 
recovery system is ever decommissioned. Also, GDFs with ORVR-compatible 
Stage II vapor recovery systems may choose not to decommission as long 
as such systems continue to be operated and maintained in accordance 
with Rhode Island's regulations, until the time when such Stage II 
vapor recovery system is ever decommissioned.
    In addition, the regulatory amendments in the SIP revision also 
include requirements for GDFs to upgrade their Stage I vapor recovery 
systems to CARB-certified Stage I EVR systems or a Stage I vapor 
recovery system composed of EVR system components (Stage I EVR 
component systems). As of December 25, 2013, the upgrade to Stage I EVR 
systems or a Stage I system composed of EVR components is required upon 
facility start-up for facilities beginning operation or installing a 
fuel storage tank. Also as of December 25, 2013, any component of a 
pre-existing Stage I vapor recovery system that is replaced, is 
required to be replaced with a CARB-certified Stage I EVR component. 
The Rhode Island regulation further requires that all Stage I systems 
be CARB-certified Stage I EVR systems or Stage I EVR component systems 
by December 25, 2020.
    The December 13, 2013 SIP revision also includes a narrative 
demonstration supporting the discontinuation of the Rhode Island Stage 
II vapor recovery program. This demonstration consists of an analysis 
that the Stage II vapor recovery controls provide only de minimis 
emission reductions due to the prevalence of ORVR-equipped vehicles.

III. EPA's Evaluation of Rhode Island's SIP Revision

    EPA has reviewed Rhode Island's revised Air Pollution Control 
Regulation No. 11, Petroleum Liquids Marketing and Storage, and 
accompanying SIP narrative and has concluded that Rhode Island's 
December 13, 2013 SIP revision is consistent with EPA's widespread use 
rule (77 FR 28772, May 16, 2012) and EPA's ``Guidance on Removing Stage 
II Gasoline Vapor Control Programs from State Implementation Plans and 
Assessing Comparable Measures'' (EPA-457/B-12-001; August 7, 2012), 
hereafter referred to as EPA's Guidance Document.
    Rhode Island's December 13, 2013 SIP revision includes a CAA 
section 110(l) anti-back sliding demonstration based on equations in 
EPA's Guidance Document. According to these calculations, the potential 
loss of refueling emission reductions from removing Stage II vapor 
recovery systems in 2013 (the effective date of the regulation 
amendments) is 7.2 percent, thus meeting the 10 percent de minimis 
recommendation in EPA's Guidance Document.
    In addition, Rhode Island's December 13, 2013 SIP revision also 
includes calculations illustrating that the overall emissions effect of 
removing the Stage II vapor recovery program would be an increase of 69 
tons in 2013. EPA's 2011 National Emissions Inventory database, Version 
1, illustrates that Rhode Island's statewide anthropogenic VOC 
emissions were about 22,248 tons (see www.epa.gov/ttn/chief/net/2011inventory.html), therefore the 69 annual tons of VOC emissions 
increase calculated by Rhode Island are only about 0.3 percent of the 
total anthropogenic VOC emissions in Rhode Island. Also, these foregone 
emissions reductions in the near term continue to diminish rapidly over 
time as ORVR phase-in continues. Therefore, EPA believes that the 
resulting temporary increases in VOC emissions will not interfere with 
attainment or maintenance of the ozone NAAQS.
    With respect to Stage I vapor recovery requirements, Rhode Island's 
revised Regulation No. 11 is more stringent than the previously 
approved version of the rule, thus meeting the CAA section 110(l) anti-
back sliding requirements. As noted above, the revised rule requires 
upgrades to a CARB-certified EVR Stage I system or a Stage I system 
made up of EVR components by December 25, 2020, with an earlier 
December 25, 2013 compliance date in the case of a new facility or when 
system components are being replaced. CARB-certified Stage I EVR 
systems have been certified to achieve a 98 percent reduction in VOC 
emissions, as compared to 95 percent for pre-EVR Stage I systems.

IV. Proposed Action

    EPA is proposing to approve Rhode Island's December 13, 2013 SIP 
revision. Specifically, EPA is proposing to approve Rhode Island's 
revised Air Pollution Control Regulation No. 11, Petroleum Liquids 
Marketing and Storage, and incorporate it into the Rhode Island SIP. 
EPA is proposing to approve this SIP revision because it meets all 
applicable requirements of the Clean Air Act and EPA guidance, and it 
will not interfere with attainment or maintenance of the ozone NAAQS.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 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 Clean Air Act. 
Accordingly, this proposed 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 proposed 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);
     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 Clean Air Act; and

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     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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 11, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-25354 Filed 10-23-14; 8:45 am]
BILLING CODE 6560-50-P