[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35423-35425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12236]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0196; FRL-9701-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Removal of Stage II Gasoline Vapor Recovery Program 
Requirements and Revision of Stage I Gasoline Vapor Recovery Program 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision, made in two separate submittals, by 
the State of Delaware. This revision removes requirements for gasoline 
vapor recovery systems installed on gasoline dispensers, the purpose of 
which are to capture emissions from vehicle refueling operations, 
otherwise known as Stage II vapor recovery. This revision also 
strengthens Delaware's requirements for gasoline vapor recovery systems 
that capture emissions from storage tank refueling operations, 
otherwise known as Stage I vapor recovery. Specifically, this action 
removes from the approved SIP prior-approved Stage II requirements 
applicable to new and existing gasoline dispensing facilities (GDFs). 
All GDFs will be required to decommission their Stage II vapor recovery 
systems (VRS) and to install, maintain, and periodically test Stage I 
enhanced vapor recovery systems (EVRS). Delaware's SIP revision 
establishes a compliance schedule for these changes and includes a 
demonstration that removal of Stage II requirements is consistent with 
the Clean Air Act (CAA) and meets all relevant EPA guidance.

DATES: This final rule is effective July 11, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2022-0196 at https://www.regulations.gov. All documents 
in the docket are listed on the https://www.regulations.gov website. 
Although listed in the index, some information is not publicly 
available, e.g., confidential business information (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 through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2103. Mr. Yarina can also be reached 
via electronic mail at [email protected].

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

[[Page 35424]]

to EPA. The following outline is provided to aid in locating 
information in this preamble.

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 6, 2022 (87 FR 19828), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed 
approval of Delaware's request to revise its requirements for Stage II 
and Stage I vapor recovery for new and existing GDFs in the State of 
Delaware. The formal SIP revisions being approved were submitted by the 
Delaware Department of Natural Resources and Environmental Control 
(DNREC) on November 17, 2020, and July 14, 2021.\1\ The details of 
Delaware's November 17, 2020, and July 14, 2021 SIP submittals and the 
rationale for EPA's proposed action are explained in the NPRM and will 
not be restated here. See 87 FR 19828 (April 6, 2022). The NPRM also 
contained a detailed analysis showing that Delaware's removal of the 
Stage II requirements would not interfere with any Delaware area's 
ability to attain or maintain any national ambient air quality standard 
(NAAQS), or any other applicable requirement of the CAA. The public 
comment period for the NPRM closed on May 6, 2022. EPA received no 
public comments on the NPRM.
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    \1\ Both SIP submittals can be found in Docket ID No. EPA-R03-
OAR-2022-0196 at https://www.regulations.gov, attached to their 
respective transmittal letters from DNREC.
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II. Final Action

    As proposed in the NPRM,\2\ EPA is approving Delaware's November 
17, 2020, and July 14, 2021 SIP revisions for statewide removal of 
Stage II vapor recovery requirements, statewide prohibition of Stage II 
VRS installation at new GDFs, the statewide mandatory decommissioning 
of Stage II VRS at existing GDFs by December 31, 2021, and the 
statewide mandatory installation of Stage I EVRS at all GDFs by 
December 31, 2025. Specifically, EPA is approving Delaware's revised 7 
DE Admin. Code 1124, Control of Volatile Organic Compound Emissions, 
and incorporating it into the Delaware SIP. EPA is approving this SIP 
revision because it meets all applicable requirements of the CAA and 
relevant EPA guidance and because approval of this SIP revision will 
not interfere with attainment or maintenance of the ozone NAAQS.
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    \2\ See 87 FR 19828 (April 6, 2022).
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III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of the State 
of Delaware's revised 7 DE Admin Code 1124 Section 26.0 Gasoline 
Dispensing Facility Stage I Vapor Recovery and Section 36.0 Vapor 
Emission Control at Gasoline Dispensing Facilities, which will include 
the revisions issued on August 17, 2015 via 19 DE Reg. 199 (state 
effective date September 11, 2015), the revisions issued on June 11, 
2020 via 24 DE Reg. 61 (state effective date July 11, 2020), and the 
revisions issued on March 11, 2021 via 24 DE Reg. 944 (state effective 
date April 11, 2021), as described in Sections I and II of this 
preamble and set forth below in the amendments to part 52.
    EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region III 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

A. General Requirements

    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, this rule to remove Delaware's Stage II vapor recovery 
requirements 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.

B. Submission to Congress and the Comptroller General

    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. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 9, 2022. Filing a petition for 
reconsideration by the Administrator of this final rule does not

[[Page 35425]]

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.
    This action to remove Stage II requirements and revise Stage I 
requirements for Delaware 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) under the heading ``1124 
Control of Volatile Organic Compound Emissions'' is amended by revising 
the entries for ``Section 26.0'' and ``Section 36.0'' to read as 
follows:


Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
 State regulation (7 DNREC                               State                                   Additional
           1100)                 Title/subject      effective date    EPA approval date         explanation
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                                                  * * * * * * *
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                               1124 Control of Volatile Organic Compound Emissions
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                                                  * * * * * * *
Section 26.0...............  Gasoline Dispensing        04/11/2021  06/10/2022, [Insert    Includes revisions
                              Facility Stage I                       Federal Register       issued on August 17,
                              Vapor Recovery.                        citation].             2015 via 19 DE Reg.
                                                                                            199 (state effective
                                                                                            date September 11,
                                                                                            2015), revisions
                                                                                            issued on June 11,
                                                                                            2020 via 24 DE Reg.
                                                                                            61 (state effective
                                                                                            date July 11, 2020),
                                                                                            and revisions issued
                                                                                            on March 11, 2021
                                                                                            via 24 DE Reg. 944
                                                                                            (state effective
                                                                                            date April 11,
                                                                                            2021).
                                                                                           Includes mandate to
                                                                                            install, maintain,
                                                                                            and periodically
                                                                                            test Stage I
                                                                                            enhanced vapor
                                                                                            recovery systems
                                                                                            (EVRS) at Gasoline
                                                                                            Dispensing
                                                                                            Facilities (GDFs) in
                                                                                            Delaware; associated
                                                                                            compliance
                                                                                            schedules; and
                                                                                            updates related
                                                                                            incorporations by
                                                                                            reference.
 
                                                  * * * * * * *
Section 36.0...............  Vapor Emission             04/11/2021  06/10/2022, [Insert    Includes revisions
                              Control at Gasoline                    Federal Register       issued on August 17,
                              Dispensing                             citation].             2015 via 19 DE Reg.
                              Facilities.                                                   199 (state effective
                                                                                            date September 11,
                                                                                            2015), revisions
                                                                                            issued on June 11,
                                                                                            2020 via 24 DE Reg.
                                                                                            61 (state effective
                                                                                            date July 11, 2020),
                                                                                            and revisions issued
                                                                                            on March 11, 2021
                                                                                            via 24 DE Reg. 944
                                                                                            (state effective
                                                                                            date April 11,
                                                                                            2021).
                                                                                           Includes mandate to
                                                                                            decommission Stage
                                                                                            II vapor recovery
                                                                                            systems (VRS) at
                                                                                            Gasoline Dispensing
                                                                                            Facilities (GDFs) in
                                                                                            Delaware; associated
                                                                                            compliance
                                                                                            schedules; and
                                                                                            updates related
                                                                                            incorporations by
                                                                                            reference.
 
                                                  * * * * * * *
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[FR Doc. 2022-12236 Filed 6-9-22; 8:45 am]
BILLING CODE 6560-50-P