[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8371-8373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02674]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0169; FRL-9610-02-R2]


Approval and Promulgation of Implementation Plans; New York; 
Gasoline Dispensing, Stage I, Stage II and Transport Vehicles

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) submitted by the State of New York for ozone 
concerning the control of volatile organic compounds. The SIP revision 
consists of amendments to regulations in New York's Codes, Rules and 
Regulations (NYCRR) applicable to gasoline dispensing sites and 
transport vehicles. This revision includes regulatory amendments that 
eliminate Stage II requirements and strengthen requirements for Stage I 
vapor recovery systems at gasoline dispensing facilities, and that 
require that transport vehicles meet current Federal United States 
Department of Transportation (DOT) requirements. The intended effect of 
this action is to approve control strategies, required by the Clean Air 
Act, which will result in emission reductions that will help attain and 
maintain national ambient air quality standards for ozone and will 
reduce volatile organic compounds throughout the State. This action is 
being taken pursuant to the Clean Air Act. The EPA proposed to approve 
this rule on November 1, 2022, and received no comments.

DATES: This final rule is effective on March 13, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2022-0169. 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 electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ysabel Banon, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3382, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Comments Received in Response to the EPA's Proposed Action
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On November 1, 2022 (87 FR 65714), the EPA published a notice of 
proposed rulemaking (NPR) that proposed to approve a SIP revision 
submitted by the State of New York on March 3, 2021. The submitted SIP 
revision consists of amendments to Title 6 of NYCRR, part 230, 
``Gasoline Dispensing Sites and Transport Vehicles.'' These revisions 
to 6 NYCRR part 230 eliminate Stage II vapor recovery system 
requirements and require the decommissioning of existing Stage II vapor 
recovery systems; strengthen Stage I vapor recovery requirements; and 
require that transport vehicles meet current Federal United States DOT 
requirements. On September 17, 2021, the New York State Department of 
Environmental Conservation (NYSDEC) submitted a supplemental analysis, 
``New York State Stage II Removal Analysis 2020,'' to demonstrate its 
justification of Stage II removal.

Stage I Vapor Recovery Systems

    Stage I vapor recovery systems are systems that capture hydrocarbon

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vapors, such as volatile organic compounds (VOCs), displaced from 
storage tanks at gasoline dispensing facilities (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 transport vehicle's (delivery truck's) tank. Some vapors are vented 
to the atmosphere when the storage tank exceeds a specified pressure 
threshold, however, the Stage I vapor recovery systems greatly reduce 
the displaced vapors being released into the atmosphere. Stage I vapor 
recovery systems have been in place since the 1970s, and the EPA 
guidance regarding use of Stage I systems to control VOC emissions from 
this source category (gasoline service stations) has been in place 
since 1975.\1\
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    \1\ See U.S. EPA, ``Design Criteria for Stage I Vapor Control 
Systems--Gasoline Service Stations'' (Nov. 1975, EPA Online 
Publication EPA-450/R-75-102), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=20013S56.txt; U.S. EPA, ``Control Techniques 
Guidelines for the Oil and Natural Gas Industry'' (Nov. 2016 EPA 
Online Publication EPA-453/B-16-001), available at https://www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf (providing control techniques guidelines for control of VOC 
emissions from the gasoline service station source category); and 
U.S. EPA, ``Control of Volatile Organic Compound Leaks from Gasoline 
Tank Trunks and Vapor Collection System'' (Dec. 1978 EPA Online 
Publication EPA-450/2-78-051), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000M9RD.txt (providing guidelines related to 
the control of VOC leaks from and test procedures for gasoline tank 
trunks and vapor collection systems at terminals, bulk plants and 
service stations).
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Stage II Vapor Recovery Systems and Onboard Refueling Vapor Recovery 
Systems

    Stage II vapor recovery systems 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 
and capture the refueling fuel vapors at the gasoline pump. The Stage 
II system carries the captured vapors back to an 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 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.\2\
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    \2\ 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 actually result in lower overall control 
system efficiency than what could have been achieved individually by 
either ORVR or the Stage II vapor recovery system.
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    A detailed discussion of New York's SIP revision and EPA's 
rationale for approval of the SIP revision were provided in the notice 
of proposed rulemaking and will not be restated in this final rule. For 
this detailed information, the reader is referred to the EPA's November 
1, 2022, proposed rulemaking (87 FR 65714).
    Attendant revisions to 6 NYCRR section 200, ``General Provisions,'' 
section 200.9, Table 1, ``Referenced material'', related to 6 NYCRR 
part 230 have been addressed under a separate rulemaking at 87 FR 
52337, effective September 26, 2022.

II. Comments Received in Response to the EPA's Proposed Action

    The EPA provided a 30-day review and comment period for the 
November 1, 2022, proposed rule. The comment period ended on December 
2, 2022. We received no comments on the EPA's proposed action.

III. Final Action

    The EPA is approving New York's March 3, 2021, SIP revision that 
incorporates revisions to Title 6 NYCRR, part 230, ``Gasoline 
Dispensing Sites and Transport Vehicles,'' with a State effective date 
of February 12, 2021. The EPA is approving 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 National Ambient Air Quality Standards. Attendant revisions 
to 6 NYCRR part 200, ``General Provisions,'' section 200.9, Table 1, 
``Referenced material,'' related to 6 NYCRR part 230 have been 
addressed under a separate rulemaking at 87 FR 52337, effective 
September 26, 2022.

IV. Incorporation by Reference

    In this document, 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 the 
revised 6 NYCRR part 230, ``Gasoline Dispensing Sites and Transport 
Vehicles,'' regulation described in 40 CFR part 52 as discussed in 
section I. of this preamble. The EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 2 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by the EPA 
for inclusion in the State Implementation Plan, have been incorporated 
by reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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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 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 (Public Law 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);

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     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 the 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 it 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    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 April 10, 2023. 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA 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.

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

Lisa Garcia,
Regional Administrator, Region 2.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended 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 HH--New York

0
2. In Sec.  52.1670, in the table in paragraph (c), revise the entry 
for ``Title 6, Part 230'' to read as follows:


Sec.  52.1670  Identification of plan.

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    (c) * * *

                                EPA-Approved New York State Regulations and Laws
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                                                       State effective
        State citation             Title/subject             date        EPA approval date        Comments
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                                                  * * * * * * *
Title 6, Part 230............  Gasoline Dispensing            2/12/2021           2/9/2023  EPA approval
                                Sites and Transport                                          finalized at
                                Vehicles.                                                    [insert Federal
                                                                                             Register citation].
 
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[FR Doc. 2023-02674 Filed 2-8-23; 8:45 am]
BILLING CODE 6560-50-P