[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21348-21351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09174]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0296; A-1-FRL-9961-18-Region 1]


Air Plan Approval; ME; Decommissioning of Stage II Vapor Recovery 
Systems

AGENCY: Environmental Protection Agency (EPA).

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 Maine Department of Environmental Protection (Maine DEP). This 
SIP revision includes regulatory amendments that repeal Stage II vapor 
recovery requirements at gasoline dispensing facilities (GDFs) as of 
January 1, 2012, with the mandate that all Stage II equipment be 
decommissioned by January 1, 2013. Maine DEP's submission to EPA also 
included a demonstration that such removal is consistent with the Clean 
Air Act and relevant EPA guidance. This revision also includes 
regulatory amendments that update Maine's testing and certain equipment 
requirements for Stage I vapor recovery systems at GDFs. The intended 
effect of this action is to propose approval of Maine's revised 
gasoline vapor recovery regulations.

DATES: Written comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2016-0296 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2016-0296,'' 
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, 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-
2016-0296. 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, 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: Bureau of Air Quality Control, Department of 
Environmental Protection, First Floor of the Tyson Building, Augusta 
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, 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) 918-1628, fax number (617) 918-
0628, 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 Maine's SIP Revision
III. EPA's Evaluation of Maine's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 13, 2016, the Maine DEP submitted a revision to its State 
Implementation Plan (SIP). The SIP revision consists of Maine's revised 
Chapter 118, Gasoline Dispensing Facilities Vapor Control, which has 
been revised to require the decommissioning of Stage II vapor recovery 
systems and to update Stage I vapor recovery testing requirements. The 
SIP submittal also includes a demonstration that removal of Stage II 
vapor recovery systems in Maine is consistent with the Clean Air Act 
and relevant 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 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

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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.\1\
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    \1\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
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    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. As of the end of 2016, EPA estimates that more than 
88 percent of gasoline refueling nationwide occurs with ORVR-equipped 
vehicles.\2\ Thus, 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.\3\ 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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    \2\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
    \3\ 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.

II. Summary of Maine's SIP Revision

    Maine adopted its Stage II Vapor Recovery Program in 1995 in order 
to satisfy the requirements of sections 182(b)(3) and 184(b)(2) of the 
CAA. The Maine Stage II vapor recovery program requirements were 
codified in Maine's Chapter 118, Gasoline Dispensing Facilities Vapor 
Control, and EPA approved the program into the Maine SIP on October 15, 
1996 (61 FR 53636). Maine's rule required gasoline dispensing 
facilities located in the counties of York, Cumberland, and Sagadahoc 
to install Stage II vapor recovery systems.
    On April 13, 2016, Maine submitted a SIP revision consisting of its 
revised Chapter 118. This revised rule requires GDFs to decommission 
their Stage II vapor recovery systems as of January 1, 2013, and 
contains an appendix detailing the requirements and procedures for 
disabling the Stage II vapor recovery systems based on the Petroleum 
Equipment Institute's Recommended Practices for Installation and 
Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI RP 300-
09, Section 14, Decommissioning Stage II Vapor Recovery Piping, 2009 
edition.
    In addition, the revised regulation also includes requirements that 
any GDF whose monthly throughput ever exceeds a threshold of 100,000 
gallons per calendar month be subject to the requirements of 40 CFR 
part 63 Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Source Category: Gasoline Dispensing 
Facilities. Furthermore, any GDF that ever exceeds 100,000 gallons per 
calendar month threshold will remain subject to the NESHAP requirements 
even if the monthly throughput ever falls below this threshold.
    Maine's revised Chapter 118 also includes updated Stage I testing 
procedures. The procedures now mirror the NESHAP testing requirements 
for Stage I vapor recovery systems. Any GDF with a monthly throughput 
over 100,000 gallons per month must perform an initial ``P/V Cap Test'' 
in accordance with California Air Resources Board's TP-201.1E. The test 
must be repeated at least every three years thereafter. In addition, 
any GDF with at least a 100,000 gallons per month throughput must 
perform a pressure decay test every three years in accordance with 
CARB's TP-201.3. Furthermore, all installation and function of Stage I 
vapor recovery systems must be re-verified upon any major system 
replacement or modification. Functional tests must be performed within 
30 days upon request by the Maine DEP when inspections, records, or 
other evidence show noncompliance with the state regulation. These 
tests must be performed during normal business hours, with notification 
to the Maine DEP provided in writing at least 5 days prior to the test. 
All test results must be

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provided to the Maine DEP within 30 days.
    The revised Chapter 118 also includes additional procedures for 
ensuring that the hoses in the Stage I vapor balance system are 
properly connected. The vapor hose must be connected to the cargo tank 
and delivery elbow before connecting to the facility storage tank; the 
cargo tank valve must be opened only after all vapor connections are 
made, and closed before any vapor connections are disconnected; and the 
vapor return hose must be disconnected from the facility storage tank 
before it is disconnected from the cargo tank.
    The April 13, 2016 SIP submission also includes a narrative 
demonstration supporting the discontinuation of the Maine Stage II 
vapor recovery program. This demonstration, discussed in greater detail 
below, 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 Maine's SIP Revision

    EPA has reviewed Maine's revised Chapter 118, Gasoline Dispensing 
Facilities Vapor Control, and accompanying SIP narrative, and has 
concluded that Maine's April 13, 2016 SIP revision is consistent with 
EPA's widespread use rule (77 FR 28772, May 16, 2012) and with 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.
    Maine's April 13, 2016 SIP revision includes a CAA section 110(l) 
anti-back sliding demonstration based on the relevant equations 
contained in EPA's Guidance Document. Maine's demonstration uses the 
EPA Guidance Document's estimate that, in 2012, 71.4% of gasoline 
refueling nationwide occurred with ORVR-equipped vehicles.\4\ According 
to these calculations, the potential loss of refueling emission 
reductions resulting from the removal of Stage II vapor recovery 
systems in 2012 (the year leading up to Maine's January 1, 2013 
decommissioning deadline) is between 6.2 and 9.2 percent, thus meeting 
the 10 percent de minimis recommendation in EPA's Guidance Document.\5\
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    \4\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
    \5\ This range of estimates for the potential loss of refueling 
emission reductions results from the range of estimates for the in-
use control efficiency of Stage II vapor recovery systems. EPA's 
Guidance Document suggests these efficiency values range from 0.60 
to 0.75. See pages 10-11 of EPA's Guidance Document.
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    In addition, Maine's April 13, 2016 SIP revision also includes 
calculations illustrating that the overall effect of removing the Stage 
II vapor recovery program would be an increase of between 45 and 68 
tons of VOC in 2012. EPA's 2011 National Emissions Inventory database 
illustrates that Maine's anthropogenic VOC emissions for York, 
Cumberland, and Sagadahoc Counties were about 48,484 tons (see https://www.epa.gov/air-emissions-inventories/2011-national-emissions-inventory-nei-data); therefore the 45 to 68 annual tons of VOC 
emissions increase calculated by Maine to have occurred in 2012 are 
only about 0.2 to 0.4 percent of the total anthropogenic VOC emissions 
in these three counties for that year. Also, these foregone emissions 
reductions continue to diminish rapidly over time as ORVR phase-in 
continues. That is, the estimated 45 to 68 tons of VOC in 2012 have 
decreased since that time on an annual basis. Therefore, EPA believes 
that the resulting temporary increases in VOC emissions that occurred 
by removing the Stage II program will not interfere with attainment or 
maintenance of the ozone NAAQS.
    With respect to Stage I vapor recovery requirements, Maine's 
revised Chapter 118 is at least as stringent as the previously approved 
version of the rule, thus meeting the CAA section 110(l) anti-back 
sliding requirements. The revision includes updated instructions for 
ensuring the hoses in the vapor balance system were properly connected, 
and includes more comprehensive testing procedures than the previous 
SIP-approved rule. This revision will help to ensure that the Stage I 
vapor recovery equipment is working properly so that the expected 
emission reductions occur. These testing procedures mirror the 
guidelines for GDFs with a monthly throughput of 100,000 gallons or 
more identified in 40 CFR 63, Subpart CCCCCC.

IV. Proposed Action

    EPA is proposing to approve Maine's April 13, 2016 SIP revision. 
Specifically, EPA is proposing to approve Maine's revised Chapter 118, 
Gasoline Dispensing Facilities Vapor Control, and incorporate it into 
the Maine SIP. EPA is proposing to approve this SIP revision because it 
meets all applicable requirements of the Clean Air Act and relevant 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. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference of the State of Maine's revised Chapter 118 described in 
section IV of this notice. The EPA has made, and will continue to make, 
these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office.

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 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);

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     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).

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: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-09174 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P