[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23164-23167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09068]



40 CFR Part 52

[EPA-R01-OAR-2015-0243; A-1-FRL-9945-12-Region 1]

Air Plan Approval; Vermont; Stage I Vapor Recovery Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Vermont. 
This revision includes regulatory amendments that clarify and Stage I 
vapor recovery requirements at gasoline dispensing facilities (GDFs). 
The intended effect of this action is to approve Vermont's revised 
Stage I vapor recovery regulations. This action is being taken in 
accordance with the Clean Air Act.

DATES: This direct final rule will be effective June 20, 2016, unless 
EPA receives adverse comments by May 20, 2016. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0243 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

I. Background and Purpose
II. Summary of Vermont's SIP Revision
III. EPA's Evaluation of Vermont's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 26, 2015, the State of Vermont Department of 
Environmental Conservation submitted a formal

[[Page 23165]]

revision to its State Implementation Plan (SIP). The SIP revision 
consists of Vermont's revised Air Pollution Control Regulation (APCR) 
Section 5-101, Definitions; APCR Section 5-253.2, Bulk Gasoline 
Terminals; APCR Section 5-253.3, Bulk Gasoline Plants; and APCR Section 
5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing 
    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 
Volatile Organic Compound (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. EPA has also issued the 
following CTGs, relevant to this SIP revision: ``Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals'' (December 
1977, EPA-450/2-77-026); and ``Control of Volatile Organic Emissions 
from Bulk Gasoline Plants'' (December 1977, EPA-450/2-77-035).

II. Summary of Vermont's SIP Revision

    The Vermont APCR Section 5-253.2, Bulk Gasoline Terminals; Section 
5-253.3, Bulk Gasoline Plants; and Section 5-253.5, Stage I Vapor 
Recovery Controls at Gasoline Dispensing Facilities, were initially 
approved into the Vermont SIP on April 22, 1998 (63 FR 19829). 
Vermont's APCRs required gasoline dispensing facilities throughout the 
state to install Stage I vapor recovery systems and satisfied 
Reasonably Available Control Technology (RACT) for gasoline dispensing 
facilities, bulk gasoline terminals, and bulk gasoline plants. The SIP 
revision approved on April 22, 1998 also included definitions in 
Section 5-101, Definitions that were associated with the VOC RACT 
    On January 26, 2015, Vermont submitted a SIP revision consisting of 
its revised APCR Sections 5-101, 5-253.2, 5-253.3, and 5-253.5. This 
SIP revision includes regulatory amendments that clarify Stage I vapor 
recovery requirements, simplify definitions relating to gasoline 
storage and distribution at gasoline terminals and bulk gasoline 
plants, improve the consistency of the Vermont APCRs with federal 
requirements for GDFs, and help to ensure that VOC emission reductions 
achieved by existing Stage I vapor recovery systems are maintained.
    Vermont's January 26, 2015 SIP revision included the amended APCR 
Section 5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing 
Facilities, which was revised to clarify requirements in the existing 
Stage I vapor recovery regulation. Amongst other clarifying revisions 
in Vermont's APCR Section 5-253.5, the Stage I vapor recovery 
regulation was: Revised to ensure awareness that GDFs must also comply 
with the federal regulations for GDFs, EPA's National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) for Source Category: 
Gasoline Dispensing Facilities, 40 CFR part 63, subpart CCCCCC; revised 
to include definitions for ``dual-point vapor Stage I vapor recovery 
system,'' ``monthly gasoline throughput,'' and ``startup''; and revised 
to include a compliance schedule for the installation of dual-point 
Stage I vapor recovery systems for those GDFs not already so equipped.
    In addition, the amended APCRs in Vermont's January 26, 2015 SIP 
revision were revised as follows: The amended APCR Section 5-101, 
Definitions, includes revised definitions for ``bulk gasoline 
terminal'' and ``vapor balance system''; the amended APCR Section 5-
253.2, Bulk Gasoline Terminals, adds a reference to a ``vapor control 
system'' in addition to the previous wording, which only referred to 
``vapor collection system,'' thus clarifying that the gasoline vapors 
displaced from gasoline tank trucks during loading must be collected 
and controlled, and that the emission limits from such vapors apply to 
both the collection and control systems; and the amended APCR Section 
5-253.3, Bulk Gasoline Plants, was revised for clarity as a result of 
the revised APCR 5-101 definition of ``vapor balance system.''

III. EPA's Evaluation of Vermont's SIP Revision

    EPA has reviewed Vermont's revised APCRs Sections 5-101, 5-253.2, 
5-253.3, and 5-253.5, and has concluded that Vermont's January 26, 2015 
SIP revision is approvable. Specifically, Vermont's revised regulations 
continue to be consistent with EPA's CTGs and meet RACT for the 
relevant emission source categories.
    In addition, Vermont's revised APCRs included in the January 26, 
2015 SIP revision are more stringent than the previously approved 
versions of the rules, thus meeting the CAA section 110(l) anti-
backsliding requirements. EPA's most recent approval of APCR Sections 
5-253.2 and 5-253.5 was on April 22, 1998 (see 63 FR 19825), Section 5-
253.3 was on July 19, 2011 (see 76 FR 42560), and Section 5-101 was on 
October 5, 2012 (see 77 FR 60907). Vermont's revised APCRs submitted 
with their January 26, 2015 SIP revision are more stringent by 
incorporating the requirement for GDFs to meet the federal NESHAP and 
by clarifying that Stage I requirements apply to vapor control systems 
as well as vapor collection systems. Furthermore, the defined terms and 
clarifications added to the Vermont APCRs ensure that all entities 
subject to the regulations clearly understand the applicable 
    Finally, we note that in certain instances the regulations we are 
approving authorize a Vermont ``Air Pollution Control Officer'' to make 
certain determinations or to require specific actions. In approving 
such provisions, although EPA's authority regarding such determinations 
or actions is not expressly referenced in the regulatory text, EPA does 
not intend, and could not intend as a matter of law, to preclude EPA 
from exercising any legal authority EPA may have under the Clean Air 
Act and its implementing regulations. The regulatory language at 
Vermont APCR Section 5-253.5(c)(3), relating to determinations 
regarding whether a facility is being operated and maintained in a 
manner consistent with safety and good engineering practices for 
minimizing emissions, is one example of such a provision. Although the 
provision does not reference EPA's legal authority, the provision would 
not, and could not, function as a legal matter to preclude EPA from 
exercising any relevant authority it may have under the Clean Air Act 
or its implementing regulations.

[[Page 23166]]

IV. Final Action

    EPA is approving, and incorporating into the Vermont SIP, Vermont's 
revised APCRs Section 5-101, Definitions; Section 5-253.2, Bulk 
Gasoline Terminals; Section 5-253.3, Bulk Gasoline Plants; and Section 
5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing 
Facilities. EPA is approving Vermont's January 26, 2015 SIP revision 
because it meets all applicable requirements of the CAA and EPA 
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective June 
20, 2016 without further notice unless the Agency receives relevant 
adverse comments by May 20, 2016.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on June 20, 2016 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Vermont's 
APCRs described in the amendments to 40 CFR part 52 set forth below. 
The EPA has made, and will continue to make, these documents generally 
available electronically through http://www.regulations.gov.

VI. 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 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 Orders 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 Clean Air Act; 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 and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. 
    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 June 20, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

     Dated: April 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

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

[[Page 23167]]


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

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

Subpart UU--Vermont

2. In Sec.  52.2370, the table in paragraph (c) is amended by revising 
entries for Sections 5-101, 5-253.2, 5-253.3, and 5-253.5 to read as 

Sec.  52.2370  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Vermont Regulations
         State citation              Title/subject        effective     EPA approval  date       Explanations
                                                  * * * * * * *
Section 5-101..................  Definitions.........        12/29/14  April 20, 2016        Revised definitions
                                                                        [Insert Federal       for ``bulk
                                                                        Register citation].   gasoline
                                                                                              terminal'' and
                                                                                              ``vapor balance
                                                  * * * * * * *
Section 5-253.2................  Bulk Gasoline               12/29/14  April 20, 2016
                                  Terminals.                            [Insert Federal
                                                                        Register citation].
Section 5-253.3................  Bulk Gasoline Plants        12/29/14  April 20, 2016
                                                                        [Insert Federal
                                                                        Register citation].
                                                  * * * * * * *
Section 5-253.5................  Stage I Vapor               12/29/14  April 20, 2016
                                  Recovery Controls                     [Insert Federal
                                  at Gasoline                           Register citation].
                                                  * * * * * * *

* * * * *
[FR Doc. 2016-09068 Filed 4-19-16; 8:45 am]