[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66692-66694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2023-0341: FRL-11175-02-R10]


Air Plan Approval; Washington; Southwest Clean Air Agency; 
Emission Standards and Controls for Sources Emitting Gasoline Vapors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Washington State Implementation Plan (SIP) for the 
Southwest Clean Air Agency (SWCAA) jurisdiction as it relates to the 
ozone National Ambient Air Quality Standard. This revision updates 
SWCAA's requirements in the SIP for Stage I and Stage II vapor recovery 
systems at gasoline dispensing facilities including: decommissioning 
existing Stage II systems incompatible with onboard refueling vapor 
recovery systems on or before January 1, 2023; allowing removal from 
service of Stage II vapor recovery equipment compatible with onboard 
refueling vapor recovery on or after January 1, 2023; and removing the 
requirement for Stage II vapor recovery at new installations. The 
revisions to the SIP also include, among other changes, revised 
requirements for installation of enhanced conventional nozzles, 
installation of low permeation hoses, and annual testing based on 
facility throughput. SWCAA's submittal, in coordination with the 
Washington Department of Ecology, included a demonstration that such 
removal of Stage II requirements is consistent with the Clean Air Act 
and EPA guidance.

DATES: This final rule is effective October 30, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R10-OAR-2023-0341. 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 or other information the disclosure 
of which 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 at https://www.regulations.gov, or please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth 
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used, it means the EPA.

I. Background

    On June 22, 2023, SWCAA, in coordination with the Washington 
Department of Ecology as the Governor's designee for revisions to the 
SIP, submitted the current version of SWCAA 491 ``Emission Standards 
and Controls for Sources Emitting Gasoline Vapors'' for EPA approval. 
On August 10, 2023, we proposed to approve the submission (88 FR 
54259). The reasons for our proposed approval are included in the 
proposal and will not be restated here. The public comment period 
closed on September 11, 2023. We received no comments on our proposed 
action and therefore we are finalizing our action as proposed.

II. Final Action

    We have determined that SWCAA's demonstration for removal of Stage 
II equipment meets Clean Air Act requirements. Therefore, we are 
approving and incorporating by reference SWCAA 491 ``Emission Standards 
and Controls for Sources Emitting Gasoline Vapors.'' Upon the effective 
date of this action, the Washington SIP will include the following 
updated sections of SWCAA 491 as they apply in the SWCAA local 
jurisdiction:
     491-010 Policy and Purpose (establishing overall policy to 
control emissions of air contaminants from gasoline marketing and 
dispensing

[[Page 66693]]

facilities) (State effective March 18, 2001);
     491-015 Applicability (defining the types of operations 
covered, including storage, transport, and transfer of gasoline) (State 
effective March 18, 2001);
     491-020 Definitions (defining key terms used in the 
regulations to control gasoline vapor emissions) (State effective 
February 7, 2020);
     491-030 Registration (requiring gasoline marketing and 
dispensing facilities to register annually with the local air agency) 
(State effective February 7, 2020);
     491-040 Gasoline Vapor Control Requirements (requiring 
vapor controls on specific types of gasoline plants, terminals, tanks 
and other equipment) (State effective February 7, 2020);
     491-050 Failures, Certification, Testing and Recordkeeping 
(prescribing vapor recovery system certification, leak testing, 
monitoring and recordkeeping) (State effective February 7, 2020);
     491-060 Severability (stating that each section of the 
gasoline vapor control regulations are severable from the others in the 
event one or more are deemed invalid) (State effective March 18, 2001).
    This version of SWCAA 491 removes from the Washington SIP the 
requirement for Stage II vapor recovery systems in SWCAA's jurisdiction 
and adds additional VOC controls such as the installation of enhanced 
conventional nozzles and low permeation hoses, as well as other 
historic changes since the EPA's last approval.

III. 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, we are finalizing the incorporation by reference of the 
Southwest Clean Air Agency regulatory provisions described in section 
II of this preamble and set forth in the amendments to 40 CFR part 52 
in this document. The EPA has made, and will continue to make, these 
materials generally available through https://www.regulations.gov and 
at the EPA Region 10 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 SIP, have been incorporated by reference by the 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the Clean Air Act as of the effective date of the final rule 
of the EPA's approval, and will be incorporated by reference in the 
next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. 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 Clean Air Act 
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Southwest Clean Air Agency and the Washington Department of 
Ecology did not evaluate environmental justice (EJ) considerations as 
part of the SIP submittal; the Clean Air Act and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA did not perform an EJ analysis and did not consider 
EJ in this action. Due to the nature of the action being taken here, 
this action is expected to have a neutral to positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of Executive Order 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    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 to 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 November 27, 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

[[Page 66694]]

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: September 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.

    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 WW--Washington

0
2. Amend Sec.  52.2470, paragraph (c), table 8 under the heading 
``Emissions Standards and Controls for Sources Emitting Gasoline 
Vapors'' by revising the entries ``491-010'', ``491-015'', ``491-020'', 
``491-030'', ``491-040'', ``491-050'', and ``491-060'' to read as 
follows:


Sec.  52.2470  Identification of plan.

* * * * *
    (c) * * *

        Table 8--Additional Regulations Approved for the Southwest Clean Air Agency (SWCAA) Jurisdiction
  [Applicable in Clark, Cowlitz, Lewis, Skamania and Wahkiakum counties, excluding facilities subject to Energy
   Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington Department of
Ecology's direct jurisdiction under Chapters 173-405, 173-410, and 173-415 Washington Administrative Code (WAC);
     Indian reservations; any other area where the EPA or an Indian tribe has demonstrated that a tribe has
   jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the
                                   applicability sections of WAC 173-400-700.]
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                                                           State/local
     State/local citation            Title/subject       effective date     EPA approval date      Explanations
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                                     Southwest Clean Air Agency Regulations
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                                                  * * * * * * *
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                      Emissions Standards and Controls for Sources Emitting Gasoline Vapors
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491-010......................  Policy and Purpose......         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-015......................  Applicability...........         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-020......................  Definitions.............          2/7/20  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-030......................  Registration............          2/7/20  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
491-040......................  Gasoline Vapor Control            2/7/20  9/28/23, [INSERT
                                Requirements.                             FEDERAL REGISTER
                                                                          CITATION].
491-050......................  Failures, Certification,          2/7/20  9/28/23, [INSERT
                                Testing and                               FEDERAL REGISTER
                                Recordkeeping.                            CITATION].
491-060......................  Severability............         3/18/01  9/28/23, [INSERT
                                                                          FEDERAL REGISTER
                                                                          CITATION].
 
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[FR Doc. 2023-21266 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P