National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities, 35939-35944 [E8-14377]
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T11–042 Safety Zone: Big Bay July
4th Fireworks Show; San Diego Bay, San
Diego, CA.
40 CFR Part 63
(a) Location. The limits of the
temporary safety zones include all areas
within a 1200 foot radius around the
firing locations at the following points:
32–42.83′ N, 117–13.20′ W (in vicinity
of Shelter Island), 32–43.33′ N, 117–
12.00′ W (in vicinity of Harbor Island),
32–43.00′ N, 117–10.80′ W (in vicinity
of North Embarcadero), and 32–43.23′
N, 117–10.05′ W (in vicinity of Seaport
Village/Coronado Landing).
(b) Effective Period. This safety zone
will be in effect from 8 p.m. until 10
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concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into, transit through, or
anchoring within this zone by all
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by the Captain of the Port, or his
designated representative. Mariners
requesting permission to transit through
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I 2. Add § 165.T11–042 to read as
follows:
RIN 2060–AM74
Dated: June 10, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E8–14353 Filed 6–24–08; 8:45 am]
BILLING CODE 4910–15–P
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[EPA–HQ–OAR–2006–0406, FRL–8684–8]
National Emission Standards for
Hazardous Air Pollutants for Source
Category: Gasoline Dispensing
Facilities
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action on certain amendments to the
National Emission Standards for
Hazardous Air Pollutants for Source
Category: Gasoline Dispensing
Facilities, which EPA promulgated on
January 10, 2008, and amended on
March 7, 2008. The January 10, 2008
rule established national emission
standards for hazardous air pollutants
for the facilities in the gasoline
distribution (Stage I) area source
category. This action only affects area
source gasoline dispensing facilities
with a monthly throughput of 100,000
gallons of gasoline or more. In this
action, EPA is amending the pressure
and vacuum vent valve cracking
pressure and leak rate requirements for
vapor balance systems used to control
emissions from gasoline storage tanks at
gasoline dispensing facilities. Newly
constructed or reconstructed gasoline
dispensing facilities must comply with
the requirements of these amendments
by the effective date of the amendments,
or upon start-up, whichever is later. We
are not modifying the compliance date
for existing sources with a monthly
throughput of 100,000 gallons of
gasoline or more.
DATES: This direct final rule is effective
on September 23, 2008 without further
notice, unless EPA receives adverse
comment by August 11, 2008. If we
receive adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this rule, or the relevant section of
this rule, will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2006–0406, by one of the
following methods:
• https://www.regulations.gov. Follow
the online instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: Air and Radiation Docket,
Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
PO 00000
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35939
Ave., NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: In person or by
courier, deliver your comments to: Air
and Radiation Docket, Public Reading
Room, EPA West Building, Room 3334,
1301 Constitution Ave., NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. Please
include a total of two copies. We request
that a separate copy also be sent to the
contact persons listed below (see FOR
FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0406. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov docket index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA West
Building, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
General and Technical Information: Mr.
Stephen Shedd, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Coatings and
Chemicals Group (E143–01), EPA,
Research Triangle Park, NC 27711,
telephone: (919) 541–5397, facsimile
number: (919) 685–3195, e-mail address:
shedd.steve@epa.gov.
Compliance Information: Ms. Maria
Malave, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel
Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
telephone: (202) 564–7027, facsimile
Category
number: (202) 564–0050, e-mail address:
malave.maria@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
publishing this rule without prior
proposal because we view this as a
noncontroversial action and anticipate
no adverse comment. The amendments
being implemented revise certain
technical requirements in 40 CFR part
63, Subpart CCCCCC. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule for these amendments if
adverse comments are received on this
direct final rule. If EPA receives adverse
comment on all or a distinct portion of
this rule, we will publish a timely
withdrawal in the Federal Register
informing the public that some of or this
entire direct final rule will not take
effect. The rule provisions that are not
withdrawn will become effective on the
date set out above, notwithstanding
adverse comment on any other
provision, unless we determine that it
would not be appropriate to promulgate
those provisions due to their being
affected by the provision for which we
receive adverse comments. We would
address all public comments in any
NAICS *
Industry .....................................................
447110
447190
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
Regulated Entities. Categories and
entities potentially regulated by this
action include:
Examples of regulated entities
Operations at area source gasoline dispensing facilities.
Federal/State/local/tribal governments .....
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* North
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this final rule. To
determine whether your facility is
regulated by this action, you should
examine the applicability criteria in 40
CFR part 63, subpart CCCCCC. If you
have any questions regarding the
applicability of this final rule to a
particular entity, consult either the air
permit authority for the entity or your
EPA regional representative as listed in
40 CFR 63.13.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of this final rule is also
available on the WWW through the
Technology Transfer Network (TTN).
Following signature, a copy of this final
rule will be posted on the TTN’s policy
and guidance page for newly proposed
or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg.
The TTN provides information and
technology exchange in various areas of
air pollution control.
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Outline: The information presented in
this preamble is organized as follows:
I. Background
II. Summary of These Final Rule
Amendments
III. Rationale For These Final Rule
Amendments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
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I. Background
On January 10, 2008 (73 FR 1916),
EPA issued a final rule that established
national emission standards for
hazardous air pollutants (NESHAP) for
the facilities in the gasoline distribution
(Stage I 1) area source category. These
facilities include bulk distribution
facilities, i.e., gasoline distribution bulk
terminals, bulk plants, and pipeline
facilities, and gasoline dispensing
facilities (GDF), as defined in 40 CFR
63.11100 and 63.11132. EPA
subsequently identified certain crossreferencing errors in the final rule. On
March 7, 2008 (73 FR 12275), EPA
promulgated a technical corrections
notice and corrected those errors. As
explained below, this action amends
certain requirements of the January 10,
2008 final rule that apply to GDF with
a monthly throughput of 100,000
gallons or more.
1 Stage 1 refers to here, the entire gasoline
distribution system that includes all facilities from
and including the refinery to the end user, except
for vehicle refueling (so called Stage II).
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II. Summary of These Final Rule
Amendments
The January 10, 2008, final rule
requires installation of vapor balance
systems between the delivery tank truck
and the storage tank at GDF with a
monthly throughput of 100,000 gallons
of gasoline or more. Facilities can satisfy
the vapor balance system requirements
by complying with the listed
applicability criteria and management
practices in Table 1 to subpart CCCCCC
of 40 CFR part 63.2 Entry 1.(g) in Table
1 to subpart CCCCCC requires the
installation of pressure/vacuum (PV)
vent valves with specific cracking
pressure and leak rate settings on the
storage tank vent pipes at affected GDF.
As explained below, PV vent valves are
integral to the functionality of the vapor
balance system; however, after
promulgation, we discovered that PV
vent valves with the specific pressure,
deviations, and leak rate settings
required in the January 10, 2008, final
rule are no longer manufactured. These
final rule amendments change those
specific pressure and leak rate settings
for PV vent valves so that GDFs may
obtain and install PV vent valves and
thus operate a functioning vapor
balance system. The amended PV vent
valve settings are:
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‘‘A positive pressure setting of 2.5 to 6.0
inches of water and a negative pressure
setting of 6.0 to 10.0 inches of water. The
total leak rate of all PV vent valves at an
affected facility, including connections, shall
not exceed 0.17 cubic foot per hour at a
pressure of 2.0 inches of water and 0.63 cubic
foot per hour at a vacuum of 4 inches of
water.’’
New or reconstructed affected GDF, as
defined in § 63.11112 of Subpart
CCCCCC, that have a monthly
throughput of 100,000 gallons of
gasoline or more must comply with the
revised vapor balance system
requirements, set forth in Table 1 of
these amendments, by September 23,
2008, or upon startup, whichever is
later. The compliance date for existing
GDF to install vapor balance systems
with a monthly throughput of 100,000
gallons of gasoline or more is January
10, 2011, which is the same date
specified in the January 10, 2008, final
rule. We are not modifying this date
because existing sources will have
sufficient time to comply with the
revised vapor balance system
requirements in revised Table 1 by that
date. The compliance dates for all other
requirements in the rule remain as
2 Subpart CCCCCC also provides two additional
methods for complying with the vapor balancing
requirements. See §§ 63.11118(b)(2) and
63.11120(b).
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promulgated in the January 10, 2008,
final rule, as those requirements are not
the subject of this direct final rule.
III. Rationale for These Final Rule
Amendments
Following issuance of the January 10,
2008, final rule, EPA received several
inquiries from stakeholders and
regulatory agencies concerning the PV
vent valve requirements for vapor
balance systems. A vapor balance
system is a combination of equipment
(connectors, piping, storage tank, hoses,
PV vent valves, gaskets, and the tank
truck). These equipment, taken together,
work as a system to route the vapors
displaced from the storage tank back
into the delivery tank truck. If the PV
vent valves, which are an integral part
of the vapor balance system, are not
installed, the vapors would escape into
the atmosphere through the storage tank
vent instead of being routed back into
the delivery tank truck and the source
would not be in compliance with the
requirement to have a functioning vapor
balance system.
Those who contacted EPA concerning
the PV vent valve requirements reported
that the PV vent valve specifications in
the final rule are not commercially
available because manufacturers are no
longer making PV vent valves with these
specifications; therefore, facilities
cannot currently comply with the
requirements in the January 10, 2008,
final rule. In entry 1.(g) of Table 1 to
Subpart CCCCCC of Part 63,
‘‘Applicability Criteria and Management
Practices for Gasoline Dispensing
Facilities With Monthly Throughput of
100,000 Gallons of Gasoline or More,’’
we specified:
(g) Pressure/vacuum vent valves shall be
installed on the storage tank vent pipes. For
systems where vapors from vehicle refueling
operations are not recovered, the positive
cracking pressure shall be 13.8 inches of
water and the negative cracking pressure
shall be 6.9 inches of water. For systems
where vapors from vehicle refueling
operations are recovered (Stage II controls),
the positive cracking pressure shall be 3
inches of water and the negative cracking
pressure shall be 8 inches of water.
Deviations of within ±0.5 inches of the
specified positive cracking pressures and
±2.0 inches of the negative pressure are
acceptable. The leak rates for pressure/
vacuum valves, including connections, shall
be less than or equal to 0.17 cubic foot per
hour at a pressure of 2.0 inches of water and
0.21 cubic foot per hour at a vacuum of 4
inches of water.
The first set of cracking pressure
settings (positive and negative cracking
pressure of 13.8 and 6.9 inches of water,
respectively) are from guidance
provided for vapor balancing systems
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installed in the 1970s. The second set of
cracking pressure settings (positive and
negative cracking pressure of 3 and 8
inches of water, respectively), and
deviation and leak rate settings are
based on the PV vent valve cracking
pressure setting requirements in the
2005 California Air Resources Board
(CARB) Vapor Recovery Certification
Procedure (CP–201). All of these PV
vent valve settings were in the draft rule
in the docket when we proposed the
rules for this source category on
November 9, 2006; however, we did not
receive any public comments on this
portion of the draft rule.
After the final rule was promulgated,
interested stakeholders contacted EPA
and stated that the PV vent valve
settings specified in the final rule are
not being used on GDF storage tanks
because manufacturers are not making
PV vent valves with these settings. In
response to these inquiries, EPA
contacted the two major PV vent valve
manufacturers and received
confirmation that neither manufacturer
offers a PV vent valve with the settings
specified in the January 10, 2008, final
rule nor do they recommend those
settings for any vapor balance systems,
with or without vehicle refueling vapor
recovery systems.
EPA also contacted CARB
representatives to discuss the issue of
the PV vent valve settings. The CARB
representatives stated that the PV vent
valve settings in CP–201 apply to vapor
balance systems, Stage I only and Stage
I with Stage II.3 With regard to the PV
vent valve cracking pressure settings,
the CARB representatives explained that
CP–201 was amended on May 25, 2006.
The 2006 CP–201 specifies acceptable
ranges for the positive (2.5 to 6.0 inches
of water) and negative (6.0 to 10.0
inches of water) cracking pressures,
rather than the single values with
allowable deviations, which was the
format used in the January 10, 2008,
EPA final rule. The CARB
representatives also informed EPA that
the allowable PV vent valve leak rates
in CP–201 were also amended on May
25, 2006. The 2006 CP–201 new
allowable leak rates are less than or
equal to 0.17 cubic foot per hour at a
pressure of 2.0 inches of water and 0.63
3 A vapor balance system at GDF is divided into
two types. Vapor balancing between the delivery
tank truck and the storage tank is referred to as
Stage I or Phase I vapor balance systems. Vapor
balancing between the storage tank and the vehicle
being refueled is referred to as Stage II or Phase II
vapor balance systems. Among other things, the
January 10, 2008 final rule requires installation of
Stage I vapor balance systems at GDF with monthly
throughput of 100,000 gallons of gasoline or more.
Stage II controls are not required by subpart
CCCCCC.
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cubic foot per hour at a vacuum of 4.0
inches of water. According to CARB
representatives, CARB’s certification
testing (using test procedure TP–201.1)
demonstrates that Stage I and Stage II
systems, alone or together, achieve
CARB’s 98-percent efficiency
requirement using the 2006 CP–201 PV
vent valve settings.
In evaluating how to revise the PV
vent valve settings in Table 1, we
considered if other types of vapor
balance systems using the 2006 CP–201
PV vent valve settings provide emission
controls at least equivalent to the
performance levels of vapor balance
systems that follow the requirements in
Table 1 of the January 10, 2008, final
rule. Specifically, under the January 10,
2008, final rule, facilities using vapor
balance systems other than those
meeting the management practices
specified in Table 1 to subpart CCCCCC
must demonstrate equivalency using the
procedures in 40 CFR 63.11120(b)(1)
through (3). The procedure in
§ 63.11120(b)(1) requires that vapor
balance systems be tested using CARB
test procedure TP–201.1 to demonstrate
that the system achieves at least a level
of 95 percent control. As noted above,
CARB’s amended 2006 CP–201 PV vent
valve settings provide a level of
emissions control that is at least
equivalent to the level required by
§ 63.11120(b)(1).
Based on the above information and
our own analysis, we agree with the
stakeholders who contacted EPA
following issuance of the final rule in
January 2008. Specifically, we agree that
PV vent valves with the settings
specified in the January 10, 2008, final
rule are not currently available for
purchase from manufacturers so that
GDFs choosing to comply with the
vapor balance system requirement in
Table 1 of Subpart CCCCCC cannot
currently comply with this requirement.
Therefore, given the equal or better
control from the amended 2006 CARB
CP–201 settings, and the fact that PV
vent valves meeting these specifications
are currently available, which is not the
case for the settings specified in the
January 10, 2008, final rule, EPA is
taking this final action and adopting the
following new requirements for PV vent
valve specifications in entry 1.(g) of
Table 1 to subpart CCCCCC of 40 CFR
part 63:
(g) Pressure/vacuum (PV) vent valves shall
be installed on the storage tank vent pipes.
The pressure specifications for PV vent
valves shall be: a positive pressure setting of
2.5 to 6.0 inches of water and a negative
pressure setting of 6.0 to 10.0 inches of water.
The total leak rate of all PV vent valves at
an affected facility, including connections,
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shall not exceed 0.17 cubic foot per hour at
a pressure of 2.0 inches of water and 0.63
cubic foot per hour at a vacuum of 4 inches
of water.
collection requirements are approved.
The OMB control numbers for EPA
regulations in 40 CFR are listed in 40
CFR Part 9.
Because we are modifying the PV vent
valve setting requirements of Table 1, it
is appropriate to address the date by
which new and existing sources must
comply with these new requirements.
As explained above, the PV vent valve
settings are an integral part of enabling
the vapor balance system to function
properly. Without the PV vent valves,
the vapors escape into the atmosphere
rather than being rerouted into the tank
truck. As also explained above, the PV
vent valve settings in the January 10,
2008, final rule are not available so
owners and operators of new and
reconstructed GDF cannot currently
comply with the vapor balance system
requirements in subpart CCCCCC.
Owners or operators of new or
reconstructed GDF, as defined in
§ 63.11112 of Subpart CCCCCC, must
comply with the new vapor balance
system requirements specified in Table
1 of these amendments by September
23, 2008, or upon startup, whichever is
later. Because these new PV vent valve
settings are off-the-shelf items that are
easy to install, and because of the 3-year
compliance period for existing sources
specified in the January 10, 2008, final
rule, we have not extended the
compliance date of January 10, 2011, for
existing GDF. We believe that existing
GDF can meet the new requirements in
Table 1 of this direct final rule by
January 10, 2011, which is the
compliance date specified in the
January 10, 2008, rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the Agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this rule on small entities, a small
entity is defined as: (1) A small business
whose parent company has less than
$25 million in revenue (NAICS 447110,
Gasoline Stations with Convenience
Stores), and less than $8.0 million in
revenue (NAICS 447190, Other Gasoline
Stations), and any other small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; or (3) a small organization
that is any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any new
requirement on small entities since we
are replacing one specification for PV
vent valves with another readily
available specification for PV vent
valves.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is, therefore, not
subject to review under the Executive
Order.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The final
amendments clarify, but do not add
requirements increasing the collection
burden. The information collection
requirements contained in the existing
regulations at 40 CFR part 63, subpart
CCCCCC have been sent to the Office of
Budget and Management (OMB) for
approval under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501, et seq. OMB will assign an OMB
control number when the information
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D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
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of the UMRA generally requires us to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows us to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before we establish
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, we must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
This final rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. These final rule
amendments correct a technical error in
the rule text for a rule EPA determined
not to include a Federal mandate that
may result in an estimated cost of $100
million or more (73 FR 1916, January
10, 2008). These amendments do not
change the level or cost of the standard.
Thus, these final rule amendments are
not subject to the requirements of
section 202 and 205 of the UMRA. EPA
has determined that this rule contains
no regulatory requirement that might
significantly or uniquely affect small
governments. These final rule
amendments update PV vent valve
settings in the vapor balance system
requirements in the rule text; thus, the
amendments should not affect small
governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
VerDate Aug<31>2005
18:16 Jun 24, 2008
Jkt 214001
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. These final rule
amendments update the PV vent valve
settings in the vapor balance system
requirements in the rule text. These
amendments do not modify existing or
create new responsibilities among EPA
Regional Offices, States, or local
enforcement agencies. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination With
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. It will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This action is not subject to Executive
Order 13045 because it is based solely
on technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
PO 00000
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35943
not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, 12(d) (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable VCS. This
action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standard.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. These final rule
amendments do not relax the control
measures on sources regulated by the
rule and, therefore, will not cause
emissions increases from these sources.
K. Congressional Review Act
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
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report containing the final rule
amendments and other required
information to the United States Senate,
the United States House of
Representatives, and the Comptroller
General of the United States prior to
publication of the final rule
amendments 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).
These final rule amendments will be
effective on September 23, 2008.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
List of Subjects in 40 CFR Part 63
I
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
§ 63.11113 When do I have to comply with
this subpart?
For the reasons set out in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
amended as follows:
I
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart CCCCCC—[Amended]
2. Section 63.11113 is amended by
revising paragraph (a) introductory text
and by adding paragraph (d) to read as
follows:
(a) If you have a new or reconstructed
affected source, you must comply with
this subpart according to paragraphs
(a)(1) and (2) of this section, except as
specified in paragraph (d) of this
section.
*
*
*
*
*
(d) If you have a new or reconstructed
affected source and you are complying
with Table 1 to this subpart, you must
comply according to paragraphs (d)(1)
and (2) of this section.
(1) If you start up your affected source
from November 9, 2006 to September
23, 2008, you must comply no later than
September 23, 2008.
(2) If you start up your affected source
after September 23, 2008, you must
comply upon startup of your affected
source.
*
*
*
*
*
3. Table 1 to Subpart CCCCCC of Part
63 is amended by revising entry 1.(g) to
read as follows:
I
TABLE 1 TO SUBPART CCCCCC OF PART 63.—APPLICABILITY CRITERIA AND MANAGEMENT PRACTICES FOR GASOLINE
DISPENSING FACILITIES WITH MONTHLY THROUGHPUT OF 100,000 GALLONS OF GASOLINE OR MORE
If you own or operate . . .
Then you must . . .
1. A new, reconstructed, or existing GDF subject to § 63.11118.
*
*
*
*
*
*
*
(g) Pressure/vacuum (PV) vent valves shall be installed on the storage tank vent pipes. The
pressure specifications for PV vent valves shall be: a positive pressure setting of 2.5 to 6.0
inches of water and a negative pressure setting of 6.0 to 10.0 inches of water. The total
leak rate of all PV vent valves at an affected facility, including connections, shall not exceed
0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at
a vacuum of 4 inches of water.
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[FRL–8684–9]
IBM Semiconductor Manufacturing
Facility in Essex Junction, VT, Under
Project XL
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*
*
*
developed under EPA’s Project
eXcellence in Leadership (Project XL)
program. Project XL was a national pilot
program that allowed state and local
governments, businesses and federal
facilities to work with EPA to develop
more cost-effective ways of achieving
environmental and public health
protection. In exchange, EPA provided
regulatory, policy or procedural
flexibilities to conduct the pilot
experiments.
DATES:
The final rule is effective July 25,
FOR FURTHER INFORMATION CONTACT:
SUMMARY: The Environmental Protection
Agency (EPA) is withdrawing a final
rule published on September 12, 2000
which modified the regulations under
the Resource, Conservation and
Recovery Act (RCRA) to enable the
implementation of the International
Business Machines Corporation (IBM)
Copper Metallization project that was
Jkt 214001
*
2008.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
18:16 Jun 24, 2008
*
*
[FR Doc. E8–14377 Filed 6–24–08; 8:45 am]
VerDate Aug<31>2005
*
Sandra Panetta, Mail Code 1870T, U.S.
Environmental Protection Agency,
Office of Policy, Economics and
Innovation, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Ms.
Panetta’s telephone number is (202)
566–2184 and her e-mail address is
panetta.sandra@epa.gov. Further
information on today’s action may also
be obtained on the internet at https://
www.epa.gov/projectxl/ibm2/index.htm.
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*
*
EPA is
withdrawing the final rule which was
published on September 12, 2000 (65 FR
54955) in response to IBM’s request to
discontinue the XL project. The final
rule granted IBM an exemption under
Project XL from the F006 hazardous
listing for sludge generated from the
treatment of copper electroplating
rinsewaters. IBM has implemented a
new process step that has caused the
wastewater treatment sludge to once
again become F006 listed hazardous
waste and is complying with the
Vermont Department of Environmental
Conservation requirements for this
listed waste. Discontinuing the XL
project will have no environmental
impact. All reporting requirements in 40
CFR 261.4(b)(16) are discontinued.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35939-35944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14377]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0406, FRL-8684-8]
RIN 2060-AM74
National Emission Standards for Hazardous Air Pollutants for
Source Category: Gasoline Dispensing Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on certain amendments to the
National Emission Standards for Hazardous Air Pollutants for Source
Category: Gasoline Dispensing Facilities, which EPA promulgated on
January 10, 2008, and amended on March 7, 2008. The January 10, 2008
rule established national emission standards for hazardous air
pollutants for the facilities in the gasoline distribution (Stage I)
area source category. This action only affects area source gasoline
dispensing facilities with a monthly throughput of 100,000 gallons of
gasoline or more. In this action, EPA is amending the pressure and
vacuum vent valve cracking pressure and leak rate requirements for
vapor balance systems used to control emissions from gasoline storage
tanks at gasoline dispensing facilities. Newly constructed or
reconstructed gasoline dispensing facilities must comply with the
requirements of these amendments by the effective date of the
amendments, or upon start-up, whichever is later. We are not modifying
the compliance date for existing sources with a monthly throughput of
100,000 gallons of gasoline or more.
DATES: This direct final rule is effective on September 23, 2008
without further notice, unless EPA receives adverse comment by August
11, 2008. If we receive adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this rule,
or the relevant section of this rule, will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0406, by one of the following methods:
https://www.regulations.gov. Follow the online instructions
for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver your
comments to: Air and Radiation Docket, Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies. We request
that a separate copy also be sent to the contact persons listed below
(see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0406. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
www.regulations.gov docket index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly
[[Page 35940]]
available only in hard copy. Publicly available docket materials are
available either electronically in https://www.regulations.gov or in
hard copy at the Air and Radiation Docket, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the Air and
Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: General and Technical Information: Mr.
Stephen Shedd, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397,
facsimile number: (919) 685-3195, e-mail address: shedd.steve@epa.gov.
Compliance Information: Ms. Maria Malave, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7027, facsimile
number: (202) 564-0050, e-mail address: malave.maria@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior
proposal because we view this as a noncontroversial action and
anticipate no adverse comment. The amendments being implemented revise
certain technical requirements in 40 CFR part 63, Subpart CCCCCC.
However, in the ``Proposed Rules'' section of this Federal Register, we
are publishing a separate document that will serve as the proposed rule
for these amendments if adverse comments are received on this direct
final rule. If EPA receives adverse comment on all or a distinct
portion of this rule, we will publish a timely withdrawal in the
Federal Register informing the public that some of or this entire
direct final rule will not take effect. The rule provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision, unless we
determine that it would not be appropriate to promulgate those
provisions due to their being affected by the provision for which we
receive adverse comments. We would address all public comments in any
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Regulated Entities. Categories and entities potentially regulated
by this action include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS * entities
------------------------------------------------------------------------
Industry....................... 447110 Operations at area
source gasoline
dispensing facilities.
447190 .......................
Federal/State/local/tribal .............. .......................
governments.
------------------------------------------------------------------------
\*\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
final rule. To determine whether your facility is regulated by this
action, you should examine the applicability criteria in 40 CFR part
63, subpart CCCCCC. If you have any questions regarding the
applicability of this final rule to a particular entity, consult either
the air permit authority for the entity or your EPA regional
representative as listed in 40 CFR 63.13.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of this final rule will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules at the following address:
https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
Outline: The information presented in this preamble is organized as
follows:
I. Background
II. Summary of These Final Rule Amendments
III. Rationale For These Final Rule Amendments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background
On January 10, 2008 (73 FR 1916), EPA issued a final rule that
established national emission standards for hazardous air pollutants
(NESHAP) for the facilities in the gasoline distribution (Stage I \1\)
area source category. These facilities include bulk distribution
facilities, i.e., gasoline distribution bulk terminals, bulk plants,
and pipeline facilities, and gasoline dispensing facilities (GDF), as
defined in 40 CFR 63.11100 and 63.11132. EPA subsequently identified
certain cross-referencing errors in the final rule. On March 7, 2008
(73 FR 12275), EPA promulgated a technical corrections notice and
corrected those errors. As explained below, this action amends certain
requirements of the January 10, 2008 final rule that apply to GDF with
a monthly throughput of 100,000 gallons or more.
---------------------------------------------------------------------------
\1\ Stage 1 refers to here, the entire gasoline distribution
system that includes all facilities from and including the refinery
to the end user, except for vehicle refueling (so called Stage II).
---------------------------------------------------------------------------
[[Page 35941]]
II. Summary of These Final Rule Amendments
The January 10, 2008, final rule requires installation of vapor
balance systems between the delivery tank truck and the storage tank at
GDF with a monthly throughput of 100,000 gallons of gasoline or more.
Facilities can satisfy the vapor balance system requirements by
complying with the listed applicability criteria and management
practices in Table 1 to subpart CCCCCC of 40 CFR part 63.\2\ Entry
1.(g) in Table 1 to subpart CCCCCC requires the installation of
pressure/vacuum (PV) vent valves with specific cracking pressure and
leak rate settings on the storage tank vent pipes at affected GDF. As
explained below, PV vent valves are integral to the functionality of
the vapor balance system; however, after promulgation, we discovered
that PV vent valves with the specific pressure, deviations, and leak
rate settings required in the January 10, 2008, final rule are no
longer manufactured. These final rule amendments change those specific
pressure and leak rate settings for PV vent valves so that GDFs may
obtain and install PV vent valves and thus operate a functioning vapor
balance system. The amended PV vent valve settings are:
---------------------------------------------------------------------------
\2\ Subpart CCCCCC also provides two additional methods for
complying with the vapor balancing requirements. See Sec. Sec.
63.11118(b)(2) and 63.11120(b).
``A positive pressure setting of 2.5 to 6.0 inches of water and
a negative pressure setting of 6.0 to 10.0 inches of water. The
total leak rate of all PV vent valves at an affected facility,
including connections, shall not exceed 0.17 cubic foot per hour at
a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a
---------------------------------------------------------------------------
vacuum of 4 inches of water.''
New or reconstructed affected GDF, as defined in Sec. 63.11112 of
Subpart CCCCCC, that have a monthly throughput of 100,000 gallons of
gasoline or more must comply with the revised vapor balance system
requirements, set forth in Table 1 of these amendments, by September
23, 2008, or upon startup, whichever is later. The compliance date for
existing GDF to install vapor balance systems with a monthly throughput
of 100,000 gallons of gasoline or more is January 10, 2011, which is
the same date specified in the January 10, 2008, final rule. We are not
modifying this date because existing sources will have sufficient time
to comply with the revised vapor balance system requirements in revised
Table 1 by that date. The compliance dates for all other requirements
in the rule remain as promulgated in the January 10, 2008, final rule,
as those requirements are not the subject of this direct final rule.
III. Rationale for These Final Rule Amendments
Following issuance of the January 10, 2008, final rule, EPA
received several inquiries from stakeholders and regulatory agencies
concerning the PV vent valve requirements for vapor balance systems. A
vapor balance system is a combination of equipment (connectors, piping,
storage tank, hoses, PV vent valves, gaskets, and the tank truck).
These equipment, taken together, work as a system to route the vapors
displaced from the storage tank back into the delivery tank truck. If
the PV vent valves, which are an integral part of the vapor balance
system, are not installed, the vapors would escape into the atmosphere
through the storage tank vent instead of being routed back into the
delivery tank truck and the source would not be in compliance with the
requirement to have a functioning vapor balance system.
Those who contacted EPA concerning the PV vent valve requirements
reported that the PV vent valve specifications in the final rule are
not commercially available because manufacturers are no longer making
PV vent valves with these specifications; therefore, facilities cannot
currently comply with the requirements in the January 10, 2008, final
rule. In entry 1.(g) of Table 1 to Subpart CCCCCC of Part 63,
``Applicability Criteria and Management Practices for Gasoline
Dispensing Facilities With Monthly Throughput of 100,000 Gallons of
Gasoline or More,'' we specified:
(g) Pressure/vacuum vent valves shall be installed on the
storage tank vent pipes. For systems where vapors from vehicle
refueling operations are not recovered, the positive cracking
pressure shall be 13.8 inches of water and the negative cracking
pressure shall be 6.9 inches of water. For systems where vapors from
vehicle refueling operations are recovered (Stage II controls), the
positive cracking pressure shall be 3 inches of water and the
negative cracking pressure shall be 8 inches of water. Deviations of
within 0.5 inches of the specified positive cracking
pressures and 2.0 inches of the negative pressure are
acceptable. The leak rates for pressure/vacuum valves, including
connections, shall be less than or equal to 0.17 cubic foot per hour
at a pressure of 2.0 inches of water and 0.21 cubic foot per hour at
a vacuum of 4 inches of water.
The first set of cracking pressure settings (positive and negative
cracking pressure of 13.8 and 6.9 inches of water, respectively) are
from guidance provided for vapor balancing systems installed in the
1970s. The second set of cracking pressure settings (positive and
negative cracking pressure of 3 and 8 inches of water, respectively),
and deviation and leak rate settings are based on the PV vent valve
cracking pressure setting requirements in the 2005 California Air
Resources Board (CARB) Vapor Recovery Certification Procedure (CP-201).
All of these PV vent valve settings were in the draft rule in the
docket when we proposed the rules for this source category on November
9, 2006; however, we did not receive any public comments on this
portion of the draft rule.
After the final rule was promulgated, interested stakeholders
contacted EPA and stated that the PV vent valve settings specified in
the final rule are not being used on GDF storage tanks because
manufacturers are not making PV vent valves with these settings. In
response to these inquiries, EPA contacted the two major PV vent valve
manufacturers and received confirmation that neither manufacturer
offers a PV vent valve with the settings specified in the January 10,
2008, final rule nor do they recommend those settings for any vapor
balance systems, with or without vehicle refueling vapor recovery
systems.
EPA also contacted CARB representatives to discuss the issue of the
PV vent valve settings. The CARB representatives stated that the PV
vent valve settings in CP-201 apply to vapor balance systems, Stage I
only and Stage I with Stage II.\3\ With regard to the PV vent valve
cracking pressure settings, the CARB representatives explained that CP-
201 was amended on May 25, 2006. The 2006 CP-201 specifies acceptable
ranges for the positive (2.5 to 6.0 inches of water) and negative (6.0
to 10.0 inches of water) cracking pressures, rather than the single
values with allowable deviations, which was the format used in the
January 10, 2008, EPA final rule. The CARB representatives also
informed EPA that the allowable PV vent valve leak rates in CP-201 were
also amended on May 25, 2006. The 2006 CP-201 new allowable leak rates
are less than or equal to 0.17 cubic foot per hour at a pressure of 2.0
inches of water and 0.63
[[Page 35942]]
cubic foot per hour at a vacuum of 4.0 inches of water. According to
CARB representatives, CARB's certification testing (using test
procedure TP-201.1) demonstrates that Stage I and Stage II systems,
alone or together, achieve CARB's 98-percent efficiency requirement
using the 2006 CP-201 PV vent valve settings.
---------------------------------------------------------------------------
\3\ A vapor balance system at GDF is divided into two types.
Vapor balancing between the delivery tank truck and the storage tank
is referred to as Stage I or Phase I vapor balance systems. Vapor
balancing between the storage tank and the vehicle being refueled is
referred to as Stage II or Phase II vapor balance systems. Among
other things, the January 10, 2008 final rule requires installation
of Stage I vapor balance systems at GDF with monthly throughput of
100,000 gallons of gasoline or more. Stage II controls are not
required by subpart CCCCCC.
---------------------------------------------------------------------------
In evaluating how to revise the PV vent valve settings in Table 1,
we considered if other types of vapor balance systems using the 2006
CP-201 PV vent valve settings provide emission controls at least
equivalent to the performance levels of vapor balance systems that
follow the requirements in Table 1 of the January 10, 2008, final rule.
Specifically, under the January 10, 2008, final rule, facilities using
vapor balance systems other than those meeting the management practices
specified in Table 1 to subpart CCCCCC must demonstrate equivalency
using the procedures in 40 CFR 63.11120(b)(1) through (3). The
procedure in Sec. 63.11120(b)(1) requires that vapor balance systems
be tested using CARB test procedure TP-201.1 to demonstrate that the
system achieves at least a level of 95 percent control. As noted above,
CARB's amended 2006 CP-201 PV vent valve settings provide a level of
emissions control that is at least equivalent to the level required by
Sec. 63.11120(b)(1).
Based on the above information and our own analysis, we agree with
the stakeholders who contacted EPA following issuance of the final rule
in January 2008. Specifically, we agree that PV vent valves with the
settings specified in the January 10, 2008, final rule are not
currently available for purchase from manufacturers so that GDFs
choosing to comply with the vapor balance system requirement in Table 1
of Subpart CCCCCC cannot currently comply with this requirement.
Therefore, given the equal or better control from the amended 2006 CARB
CP-201 settings, and the fact that PV vent valves meeting these
specifications are currently available, which is not the case for the
settings specified in the January 10, 2008, final rule, EPA is taking
this final action and adopting the following new requirements for PV
vent valve specifications in entry 1.(g) of Table 1 to subpart CCCCCC
of 40 CFR part 63:
(g) Pressure/vacuum (PV) vent valves shall be installed on the
storage tank vent pipes. The pressure specifications for PV vent
valves shall be: a positive pressure setting of 2.5 to 6.0 inches of
water and a negative pressure setting of 6.0 to 10.0 inches of
water. The total leak rate of all PV vent valves at an affected
facility, including connections, shall not exceed 0.17 cubic foot
per hour at a pressure of 2.0 inches of water and 0.63 cubic foot
per hour at a vacuum of 4 inches of water.
Because we are modifying the PV vent valve setting requirements of
Table 1, it is appropriate to address the date by which new and
existing sources must comply with these new requirements. As explained
above, the PV vent valve settings are an integral part of enabling the
vapor balance system to function properly. Without the PV vent valves,
the vapors escape into the atmosphere rather than being rerouted into
the tank truck. As also explained above, the PV vent valve settings in
the January 10, 2008, final rule are not available so owners and
operators of new and reconstructed GDF cannot currently comply with the
vapor balance system requirements in subpart CCCCCC.
Owners or operators of new or reconstructed GDF, as defined in
Sec. 63.11112 of Subpart CCCCCC, must comply with the new vapor
balance system requirements specified in Table 1 of these amendments by
September 23, 2008, or upon startup, whichever is later. Because these
new PV vent valve settings are off-the-shelf items that are easy to
install, and because of the 3-year compliance period for existing
sources specified in the January 10, 2008, final rule, we have not
extended the compliance date of January 10, 2011, for existing GDF. We
believe that existing GDF can meet the new requirements in Table 1 of
this direct final rule by January 10, 2011, which is the compliance
date specified in the January 10, 2008, rule.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The final amendments clarify, but do not add requirements increasing
the collection burden. The information collection requirements
contained in the existing regulations at 40 CFR part 63, subpart CCCCCC
have been sent to the Office of Budget and Management (OMB) for
approval under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501, et seq. OMB will assign an OMB control number when the
information collection requirements are approved. The OMB control
numbers for EPA regulations in 40 CFR are listed in 40 CFR Part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, a small entity is defined as: (1) A small business whose
parent company has less than $25 million in revenue (NAICS 447110,
Gasoline Stations with Convenience Stores), and less than $8.0 million
in revenue (NAICS 447190, Other Gasoline Stations), and any other small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; or (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any new requirement on small entities since we are
replacing one specification for PV vent valves with another readily
available specification for PV vent valves.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205
[[Page 35943]]
of the UMRA generally requires us to identify and consider a reasonable
number of regulatory alternatives and adopt the least costly, most
cost-effective, or least burdensome alternative that achieves the
objectives of the rule. The provisions of section 205 do not apply when
they are inconsistent with applicable law. Moreover, section 205 allows
us to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before we establish any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, we must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. These final rule amendments correct
a technical error in the rule text for a rule EPA determined not to
include a Federal mandate that may result in an estimated cost of $100
million or more (73 FR 1916, January 10, 2008). These amendments do not
change the level or cost of the standard. Thus, these final rule
amendments are not subject to the requirements of section 202 and 205
of the UMRA. EPA has determined that this rule contains no regulatory
requirement that might significantly or uniquely affect small
governments. These final rule amendments update PV vent valve settings
in the vapor balance system requirements in the rule text; thus, the
amendments should not affect small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. These final rule amendments
update the PV vent valve settings in the vapor balance system
requirements in the rule text. These amendments do not modify existing
or create new responsibilities among EPA Regional Offices, States, or
local enforcement agencies. Thus, Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS. This action
does not involve technical standards. Therefore, EPA did not consider
the use of any voluntary consensus standard.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These final rule amendments do not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.
K. Congressional Review Act
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
[[Page 35944]]
report containing the final rule amendments and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the United States prior
to publication of the final rule amendments 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). These final rule amendments will be effective on
September 23, 2008.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart CCCCCC--[Amended]
0
2. Section 63.11113 is amended by revising paragraph (a) introductory
text and by adding paragraph (d) to read as follows:
Sec. 63.11113 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section, except as specified in paragraph (d) of this section.
* * * * *
(d) If you have a new or reconstructed affected source and you are
complying with Table 1 to this subpart, you must comply according to
paragraphs (d)(1) and (2) of this section.
(1) If you start up your affected source from November 9, 2006 to
September 23, 2008, you must comply no later than September 23, 2008.
(2) If you start up your affected source after September 23, 2008,
you must comply upon startup of your affected source.
* * * * *
0
3. Table 1 to Subpart CCCCCC of Part 63 is amended by revising entry
1.(g) to read as follows:
Table 1 to Subpart CCCCCC of Part 63.--Applicability Criteria and
Management Practices for Gasoline Dispensing Facilities With Monthly
Throughput of 100,000 Gallons of Gasoline or More
------------------------------------------------------------------------
If you own or operate . . . Then you must . . .
------------------------------------------------------------------------
* * * * * * *
1. A new, reconstructed, or (g) Pressure/vacuum (PV) vent valves
existing GDF subject to Sec. shall be installed on the storage tank
63.11118. vent pipes. The pressure specifications
for PV vent valves shall be: a positive
pressure setting of 2.5 to 6.0 inches of
water and a negative pressure setting of
6.0 to 10.0 inches of water. The total
leak rate of all PV vent valves at an
affected facility, including
connections, shall not exceed 0.17 cubic
foot per hour at a pressure of 2.0
inches of water and 0.63 cubic foot per
hour at a vacuum of 4 inches of water.
* * * * *
* * * * * * *
------------------------------------------------------------------------
[FR Doc. E8-14377 Filed 6-24-08; 8:45 am]
BILLING CODE 6560-50-P
