Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Removal of Gasoline Vapor Recovery From Southeast Wisconsin, 34966-34969 [2013-13828]
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34966
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Proposed Rules
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
In the
Final Rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
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Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–13732 Filed 6–10–13; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0891; FRL–9823–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; Removal of Gasoline Vapor
Recovery From Southeast Wisconsin
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Wisconsin
Department of Natural Resources
(WDNR) on November 12, 2012,
concerning the state’s Stage II vapor
recovery (Stage II) program in southeast
Wisconsin. The revision removes Stage
II requirements as a component of the
Wisconsin ozone SIP. The submittal
also includes a demonstration under
section 110(l) of the Clean Air Act
(CAA) that addresses emissions impacts
associated with the removal of the
program.
Comments must be received on
or before July 11, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0891, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0891. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
DATES:
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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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
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
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone
Francisco J. Acevedo, Environmental
Protection Specialist, at (312) 886–6061
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
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EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my
comments for EPA?
II. Background
III. What changes have been made to the
Wisconsin Stage II Vapor Recovery
Program?
IV. What is EPA’s analysis of the state’s
submittal?
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
2. Follow directions—EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the close of the comment
period.
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II. Background
Stage II programs were adopted by
some states beginning in the 1980s to
meet the ozone National Ambient Air
Quality Standards (NAAQS). Stage II
and onboard refueling vapor recovery
systems (ORVR) are two types of
emission control systems that capture
fuel vapors from vehicle gas tanks
during refueling. Stage II systems are
specifically installed at gasoline
dispensing facilities (GDF) and capture
the refueling fuel vapors at the gasoline
pump nozzle. The system carries the
vapors back to the underground storage
tank at the GDF to prevent the vapors
from escaping to the atmosphere. ORVR
systems are carbon canisters installed
directly on automobiles to capture the
fuel vapors evacuated from the gasoline
tank before they reach the nozzle. The
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fuel vapors captured in the carbon
canisters are then combusted in the
engine when the automobile is in
operation.
Stage II and vehicle ORVR were
initially both required by the 1990
Amendments to the CAA under sections
182(b)(3) and 202(a)(6), respectively. In
some areas Stage II has been in place for
over 25 years, but was not widely
implemented by the states until the
early to mid-1990s as a result of the
CAA requirements for moderate,
serious, severe, and extreme ozone
nonattainment areas and for states in the
Northeast Ozone Transport Region
(OTR) under CAA section 184(b)(2).
CAA section 202(a)(6) required EPA to
promulgate regulations for ORVR for
light-duty vehicles (passenger cars). The
EPA adopted these requirements in
1994, at which point moderate ozone
nonattainment areas were no longer
subject to the section 182(b)(3) Stage II
requirement. However, some moderate
areas retained Stage II requirements to
provide a control method to comply
with rate-of-progress emission reduction
targets. ORVR equipment has been
phased in for new passenger vehicles
beginning with model year 1998, and
starting in 2001 for light-duty trucks and
most heavy-duty gasoline-powered
vehicles. ORVR equipment has been
installed on nearly all new gasolinepowered light-duty vehicles, light-duty
trucks and heavy-duty vehicles since
2006.
During the phase-in of ORVR controls,
Stage II has provided volatile organic
compound (VOC) reductions in ozone
nonattainment areas and certain
attainment areas of the OTR. Congress
recognized that ORVR and Stage II
would eventually become largely
redundant technologies, and provided
authority to the EPA to allow states to
remove Stage II from their SIPs after
EPA finds that ORVR is in widespread
use. Effective May 16, 2012, the date the
final rule was published in the Federal
Register (77 FR 28772), EPA determined
that ORVR is in widespread nationwide
use for control of gasoline emissions
during refueling of vehicles at GDFs.
Currently, more than 75 percent of
gasoline refueling nationwide occurs
with ORVR-equipped vehicles, so Stage
II programs have become largely
redundant control systems and Stage II
systems achieve an ever declining
emissions benefit as more ORVRequipped vehicles continue to enter the
on-road motor vehicle fleet.1 EPA also
1 In areas where certain types of vacuum-assist
Stage II systems are used, the differences in
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34967
exercised its authority under CAA
section 202(a)(6) to waive certain
Federal statutory requirements for Stage
II gasoline vapor recovery at GDFs. This
decision exempts all new ozone
nonattainment areas classified serious
or above from the requirement to adopt
Stage II control programs. Similarly, any
state currently implementing Stage II
programs may submit SIP revisions that,
once approved by EPA, would allow for
the phase out of Stage II control
systems.
III. What changes have been made to
the Wisconsin Stage II Vapor Recovery
Program?
Wisconsin originally submitted a SIP
revision to EPA on November 18, 1992,
to satisfy the requirement of section
182(b)(3) of the CAA. The revision
applied to the counties of Kenosha,
Kewanee, Manitowoc, Milwaukee,
Ozaukee, Racine, Sheboygan,
Washington and Waukesha and was
incorporated within the WDNR’s 1993–
94 ozone 15% Control Plan. EPA fully
approved Wisconsin’s Stage II program
on August 13, 1993 (53 FR 43080),
including the program’s legal authority
and administrative requirements found
in Section 285.31 of the Wisconsin
Statutes and Chapter NR 420.045 of the
Wisconsin Administrative Code.
On November 12, 2012, WDNR
submitted a SIP revision requesting the
removal of Stage II requirements under
NR 420.045 of the Wisconsin
Administrative Code from the
Wisconsin ozone SIP. To support the
removal of the Stage II requirements, the
revision included copies of 2011
Wisconsin Act 196 enacted on April 2,
2012 authorizing the termination of
Stage II requirements in Wisconsin; a
summary of MOVES2010b modeling
results and Wisconsin specific
calculations based on EPA guidance
used to calculate program benefits and
demonstrate widespread use of ORVR in
southeast Wisconsin; and a section
110(l) demonstration that includes offset
emission credits. WDNR held a public
hearing on the Wisconsin Stage II SIP
revision on October 8, 2012, in
Waukesha, Wisconsin and allowed for
written public comments until October
12, 2012.
operational design characteristics between ORVR
and some configurations of these Stage II systems
result in the reduction of overall control system
efficiency compared to what could have been
achieved relative to the individual control
efficiencies of either ORVR or Stage II emissions
from the vehicle fuel tank.
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IV. What is EPA’s analysis of the state’s
submittal?
Revisions to SIP-approved control
measures must meet the requirements of
CAA section 110(l) to be approved by
EPA. Section 110(l) states: ‘‘The
Administrator shall not approve a
revision of a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of this Act.’’
EPA interprets section 110(l) to apply
to all requirements of the CAA and to
all areas of the country, whether
attainment, nonattainment,
unclassifiable, or maintenance for one
or more of the six criteria pollutants.
EPA also interprets section 110(l) to
require a demonstration addressing all
criteria pollutants whose emissions and/
or ambient concentrations may change
as a result of the SIP revision. In the
absence of an attainment demonstration,
to demonstrate no interference with any
applicable NAAQS or requirement of
the CAA under section 110(l), EPA
believes it is appropriate to allow states
to substitute equivalent emissions
reductions to compensate for any
change to a SIP-approved program, as
long as actual emissions in the air are
not increased. ‘‘Equivalent’’ emissions
reductions mean reductions which are
equal to or greater than those reductions
achieved by the control measure
approved in the SIP. To show that
compensating emissions reductions are
equivalent, modeling or adequate
justification must be provided. The
compensating, equivalent reductions
must represent actual, new emissions
reductions achieved in a
contemporaneous time frame to the
change of the existing SIP control
measure, in order to preserve the status
quo level of emission in the air. In
addition to being contemporaneous, the
equivalent emissions reductions must
also be permanent, enforceable,
quantifiable, and surplus to be approved
into the SIP.
The Wisconsin Stage II SIP revision
includes a 110(l) demonstration that
uses equivalent emissions reductions to
compensate for emission reduction
losses resulting from the removal of
Stage II program requirements before
ORVR is in widespread use in southeast
Wisconsin. WDNR has calculated that
by 2016, ORVR will be in widespread
use in southeast Wisconsin and the
absence of the Wisconsin Stage II
program after 2016 would not result in
a net VOC emissions increase compared
to the continued utilization of this
emissions control technology. The
emission reduction losses resulting from
removing Stage II before 2016 are
transitional and relatively small since
ORVR-equipped vehicles will continue
to phase into the fleet over the coming
years.
WDNR’s calculation indicates a
maximum potential loss of 0.02 to 0.70
tons per summer day (tpsd) from 2012
through 2015, were the
decommissioning of existing Stage II
systems to occur completely during a
specified year. However,
decommissioning is scheduled to occur
over a four-year period from 2012
through 2015. This extended period was
taken into consideration to account for
the costs and timing associated with
replacement equipment and the
decommissioning cost process. Table 1
below summarizes WDNR’s emissions
calculations of the yearly emission
reduction losses during the Stage II
decommissioning period between 2012
and 2015 in tpsd and tons per year (tpy)
and highlights the emissions difference
that needs to be addressed as part of the
110(l) demonstration.
TABLE 1—(VOC EMISSIONS OFFSETS NEEDED IN SOUTHEAST WISCONSIN)
2012
Maximum Potential Loss of VOC Emission Credits (tpsd) .................................................................
Percent Stage II Throughput Decommissioned ..................................................................................
Tons per Summer Day Lost VOC Credit (tpsd) ..................................................................................
Tons per Year Lost VOC Credit (tpy) .................................................................................................
The implementation of the Stage II
program in southeast Wisconsin has
resulted in reductions of VOC
emissions. VOC contributes to the
formation of ground-level ozone. Thus
the potential increase in VOC needs to
be offset with equivalent (or greater)
emissions reductions from another
control measure in order to demonstrate
non-interference with the 8-hour ozone
NAAQS.
On June 6, 2012, the WDNR submitted
a SIP revision related to the state’s
vehicle inspection and maintenance (I/
M) program. As part of that submittal,
WDNR provided VOC and oxides of
nitrogen (NOX) emission credits to offset
changes to the SIP approved I/M
program. These emission credits were
from previously permitted emissions
sources located in southeast Wisconsin
that have permanently shutdown, and
2013
2015
0.67–0.70
20%
0.134–0.140
42.9–44.8
0.40–0.42
50%
0.200–0.210
64.0–67.2
0.021–0.022
90%
0.019–0.020
6.1–6.4
whose permits have been revoked. The
expiration and revocation of these
sources’ permits allows the state to use
the emission credits associated with
them for other purposes under the SIP
and makes such credits permanent and
enforceable. Table 2 outlines the
remaining equivalent VOC emissions
credits that are available between 2012
and 2015 that can be used for Stage II.
TABLE 2—AVAILABLE VOC AND NOX EMISSION CREDITS FOR THE STAGE II VAPOR RECOVERY PROGRAM.
VOC
(tons)
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Year 2
2012 .......................................................................................................................................
2013 .......................................................................................................................................
2014 4 .....................................................................................................................................
2015 .......................................................................................................................................
2 2011 Wisconsin Act 196 enacted on April 2,
2012 authorized the termination of Stage II
requirements beginning May 16, 2012, the date
when EPA finalized a rule determining that ORVR
was in widespread use nationwide. Stage II
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decommissioning in southeast Wisconsin is set to
occur within a four year period between 2012 and
2015.
3 Based on 4:1 NO to VOC Ratio (i.e. 4 tons of
X
NOX = 1 ton of VOC)
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NOX
(tons)
42.02
86.07
130.12
174.18
46.42
97.17
147.92
198.66
Equivalent
VOC
(tons) 3
53.63
110.36
167.10
223.85
4 The VOC emissions shortfall was interpolated
between 2013 and 2015 since the MOVES modeling
was not done specifically for this year.
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Table 3 below summarizes WDNR’s
Stage II emissions make-up
demonstration. The table specifically
highlights the annual emissions
shortfall that will take place during the
phase out of the Wisconsin Stage II
program between 2012 and 2015. In
addition, the table outlines the amount
of equivalent VOC emission credits that
are being used to offset the shortfall
using the VOC to NOX conversion
approach outlined in EPA’s proposed
approval of Wisconsin’s June 6, 2012
SIP revision (see 78 FR 24373). Based on
the use of permanent, enforceable,
contemporaneous, surplus emissions
reductions achieved through the
shutdown of permitted emissions
sources, EPA believes that the removal
of the Wisconsin Stage II program does
not interfere with southeast Wisconsin’s
ability to demonstrate compliance with
the 8-hour ozone NAAQS.
TABLE 3—MAKE-UP OF STAGE II VAPOR RECOVERY PROGRAM EMISSIONS SHORTFALL
VOC emissions
shortfall
(tons)
Year
2012
2013
2014
2015
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
EPA also examined whether the
removal of Stage II program
requirements in southeast Wisconsin
will interfere with attainment of other
air quality standards. Southeast
Wisconsin is designated attainment for
all standards other than ozone and
particulate matter, including sulfur
dioxide and nitrogen dioxide. EPA has
no reason to believe that the removal of
the Stage II program in southeast
Wisconsin will cause the area to become
nonattainment for any of these
pollutants. In addition, EPA believes
that removing the Stage II program
requirements in southeast Wisconsin
will not interfere with the area’s ability
to meet any other CAA requirement.
Based on the above discussion and
the state’s section 110(l) demonstration,
EPA believes that removal of the Stage
II program would not interfere with
attainment or maintenance of any of the
NAAQS in both the Milwaukee-Racine
and Sheboygan County nonattainment
areas and would not interfere with any
other applicable requirement of the
CAA, and thus, are approvable under
CAA section 110(l).
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V. What action is EPA proposing to
take?
EPA is proposing to approve the
revision to the Wisconsin ozone SIP
submitted by WDNR on November 12,
2012, because we find that the revision
meets all applicable requirements and it
would not interfere with reasonable
further progress or attainment of any of
the national ambient air quality
standards.
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Available VOC
emissions credit
(tons)
Difference
(shortfall-credit)
(tons)
53.63
110.36
167.10
223.85
¥8.83
¥43.16
¥117.50
¥217.45
42.9–44.8
64.0–67.2
47.0–49.6
6.1–6.4
VI. Statutory and Executive Order
Reviews
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
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• 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: June 3, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–13828 Filed 6–10–13; 8:45 am]
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[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34966-34969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13828]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0891; FRL-9823-2]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Removal of Gasoline Vapor Recovery From Southeast Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Wisconsin Department of Natural Resources
(WDNR) on November 12, 2012, concerning the state's Stage II vapor
recovery (Stage II) program in southeast Wisconsin. The revision
removes Stage II requirements as a component of the Wisconsin ozone
SIP. The submittal also includes a demonstration under section 110(l)
of the Clean Air Act (CAA) that addresses emissions impacts associated
with the removal of the program.
DATES: Comments must be received on or before July 11, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0891, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0891. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov 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 available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Francisco J. Acevedo, Environmental
Protection Specialist, at (312) 886-6061 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean
[[Page 34967]]
EPA. This supplementary information section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. Background
III. What changes have been made to the Wisconsin Stage II Vapor
Recovery Program?
IV. What is EPA's analysis of the state's submittal?
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the close of the comment
period.
II. Background
Stage II programs were adopted by some states beginning in the
1980s to meet the ozone National Ambient Air Quality Standards (NAAQS).
Stage II and onboard refueling vapor recovery systems (ORVR) are two
types of emission control systems that capture fuel vapors from vehicle
gas tanks during refueling. Stage II systems are specifically installed
at gasoline dispensing facilities (GDF) and capture the refueling fuel
vapors at the gasoline pump nozzle. The system carries the vapors back
to the underground storage tank at the GDF to prevent the vapors from
escaping to the atmosphere. ORVR systems are carbon canisters installed
directly on automobiles to capture the fuel vapors evacuated from the
gasoline tank before they reach the nozzle. The fuel vapors captured in
the carbon canisters are then combusted in the engine when the
automobile is in operation.
Stage II and vehicle ORVR were initially both required by the 1990
Amendments to the CAA under sections 182(b)(3) and 202(a)(6),
respectively. In some areas Stage II has been in place for over 25
years, but was not widely implemented by the states until the early to
mid-1990s as a result of the CAA requirements for moderate, serious,
severe, and extreme ozone nonattainment areas and for states in the
Northeast Ozone Transport Region (OTR) under CAA section 184(b)(2). CAA
section 202(a)(6) required EPA to promulgate regulations for ORVR for
light-duty vehicles (passenger cars). The EPA adopted these
requirements in 1994, at which point moderate ozone nonattainment areas
were no longer subject to the section 182(b)(3) Stage II requirement.
However, some moderate areas retained Stage II requirements to provide
a control method to comply with rate-of-progress emission reduction
targets. ORVR equipment has been phased in for new passenger vehicles
beginning with model year 1998, and starting in 2001 for light-duty
trucks and most heavy-duty gasoline-powered vehicles. ORVR equipment
has been installed on nearly all new gasoline-powered light-duty
vehicles, light-duty trucks and heavy-duty vehicles since 2006.
During the phase-in of ORVR controls, Stage II has provided
volatile organic compound (VOC) reductions in ozone nonattainment areas
and certain attainment areas of the OTR. Congress recognized that ORVR
and Stage II would eventually become largely redundant technologies,
and provided authority to the EPA to allow states to remove Stage II
from their SIPs after EPA finds that ORVR is in widespread use.
Effective May 16, 2012, the date the final rule was published in the
Federal Register (77 FR 28772), EPA determined that ORVR is in
widespread nationwide use for control of gasoline emissions during
refueling of vehicles at GDFs. Currently, more than 75 percent of
gasoline refueling nationwide occurs with ORVR-equipped vehicles, so
Stage II programs have become largely redundant control systems and
Stage II systems achieve an ever declining emissions benefit as more
ORVR-equipped vehicles continue to enter the on-road motor vehicle
fleet.\1\ EPA also exercised its authority under CAA section 202(a)(6)
to waive certain Federal statutory requirements for Stage II gasoline
vapor recovery at GDFs. This decision exempts all new ozone
nonattainment areas classified serious or above from the requirement to
adopt Stage II control programs. Similarly, any state currently
implementing Stage II programs may submit SIP revisions that, once
approved by EPA, would allow for the phase out of Stage II control
systems.
---------------------------------------------------------------------------
\1\ In areas where certain types of vacuum-assist Stage II
systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II systems result in the reduction of overall control system
efficiency compared to what could have been achieved relative to the
individual control efficiencies of either ORVR or Stage II emissions
from the vehicle fuel tank.
---------------------------------------------------------------------------
III. What changes have been made to the Wisconsin Stage II Vapor
Recovery Program?
Wisconsin originally submitted a SIP revision to EPA on November
18, 1992, to satisfy the requirement of section 182(b)(3) of the CAA.
The revision applied to the counties of Kenosha, Kewanee, Manitowoc,
Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha and was
incorporated within the WDNR's 1993-94 ozone 15% Control Plan. EPA
fully approved Wisconsin's Stage II program on August 13, 1993 (53 FR
43080), including the program's legal authority and administrative
requirements found in Section 285.31 of the Wisconsin Statutes and
Chapter NR 420.045 of the Wisconsin Administrative Code.
On November 12, 2012, WDNR submitted a SIP revision requesting the
removal of Stage II requirements under NR 420.045 of the Wisconsin
Administrative Code from the Wisconsin ozone SIP. To support the
removal of the Stage II requirements, the revision included copies of
2011 Wisconsin Act 196 enacted on April 2, 2012 authorizing the
termination of Stage II requirements in Wisconsin; a summary of
MOVES2010b modeling results and Wisconsin specific calculations based
on EPA guidance used to calculate program benefits and demonstrate
widespread use of ORVR in southeast Wisconsin; and a section 110(l)
demonstration that includes offset emission credits. WDNR held a public
hearing on the Wisconsin Stage II SIP revision on October 8, 2012, in
Waukesha, Wisconsin and allowed for written public comments until
October 12, 2012.
[[Page 34968]]
IV. What is EPA's analysis of the state's submittal?
Revisions to SIP-approved control measures must meet the
requirements of CAA section 110(l) to be approved by EPA. Section
110(l) states: ``The Administrator shall not approve a revision of a
plan if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of this Act.''
EPA interprets section 110(l) to apply to all requirements of the
CAA and to all areas of the country, whether attainment, nonattainment,
unclassifiable, or maintenance for one or more of the six criteria
pollutants. EPA also interprets section 110(l) to require a
demonstration addressing all criteria pollutants whose emissions and/or
ambient concentrations may change as a result of the SIP revision. In
the absence of an attainment demonstration, to demonstrate no
interference with any applicable NAAQS or requirement of the CAA under
section 110(l), EPA believes it is appropriate to allow states to
substitute equivalent emissions reductions to compensate for any change
to a SIP-approved program, as long as actual emissions in the air are
not increased. ``Equivalent'' emissions reductions mean reductions
which are equal to or greater than those reductions achieved by the
control measure approved in the SIP. To show that compensating
emissions reductions are equivalent, modeling or adequate justification
must be provided. The compensating, equivalent reductions must
represent actual, new emissions reductions achieved in a
contemporaneous time frame to the change of the existing SIP control
measure, in order to preserve the status quo level of emission in the
air. In addition to being contemporaneous, the equivalent emissions
reductions must also be permanent, enforceable, quantifiable, and
surplus to be approved into the SIP.
The Wisconsin Stage II SIP revision includes a 110(l) demonstration
that uses equivalent emissions reductions to compensate for emission
reduction losses resulting from the removal of Stage II program
requirements before ORVR is in widespread use in southeast Wisconsin.
WDNR has calculated that by 2016, ORVR will be in widespread use in
southeast Wisconsin and the absence of the Wisconsin Stage II program
after 2016 would not result in a net VOC emissions increase compared to
the continued utilization of this emissions control technology. The
emission reduction losses resulting from removing Stage II before 2016
are transitional and relatively small since ORVR-equipped vehicles will
continue to phase into the fleet over the coming years.
WDNR's calculation indicates a maximum potential loss of 0.02 to
0.70 tons per summer day (tpsd) from 2012 through 2015, were the
decommissioning of existing Stage II systems to occur completely during
a specified year. However, decommissioning is scheduled to occur over a
four-year period from 2012 through 2015. This extended period was taken
into consideration to account for the costs and timing associated with
replacement equipment and the decommissioning cost process. Table 1
below summarizes WDNR's emissions calculations of the yearly emission
reduction losses during the Stage II decommissioning period between
2012 and 2015 in tpsd and tons per year (tpy) and highlights the
emissions difference that needs to be addressed as part of the 110(l)
demonstration.
Table 1--(VOC Emissions Offsets Needed in Southeast Wisconsin)
------------------------------------------------------------------------
2012 2013 2015
------------------------------------------------------------------------
Maximum Potential Loss of VOC 0.67-0.70 0.40-0.42 0.021-0.02
Emission Credits (tpsd). 2
Percent Stage II Throughput 20% 50% 90%
Decommissioned.
Tons per Summer Day Lost VOC Credit 0.134-0.140 0.200-0.21 0.019-0.02
(tpsd). 0 0
Tons per Year Lost VOC Credit (tpy) 42.9-44.8 64.0-67.2 6.1-6.4
------------------------------------------------------------------------
The implementation of the Stage II program in southeast Wisconsin
has resulted in reductions of VOC emissions. VOC contributes to the
formation of ground-level ozone. Thus the potential increase in VOC
needs to be offset with equivalent (or greater) emissions reductions
from another control measure in order to demonstrate non-interference
with the 8-hour ozone NAAQS.
On June 6, 2012, the WDNR submitted a SIP revision related to the
state's vehicle inspection and maintenance (I/M) program. As part of
that submittal, WDNR provided VOC and oxides of nitrogen
(NOX) emission credits to offset changes to the SIP approved
I/M program. These emission credits were from previously permitted
emissions sources located in southeast Wisconsin that have permanently
shutdown, and whose permits have been revoked. The expiration and
revocation of these sources' permits allows the state to use the
emission credits associated with them for other purposes under the SIP
and makes such credits permanent and enforceable. Table 2 outlines the
remaining equivalent VOC emissions credits that are available between
2012 and 2015 that can be used for Stage II.
---------------------------------------------------------------------------
\2\ 2011 Wisconsin Act 196 enacted on April 2, 2012 authorized
the termination of Stage II requirements beginning May 16, 2012, the
date when EPA finalized a rule determining that ORVR was in
widespread use nationwide. Stage II decommissioning in southeast
Wisconsin is set to occur within a four year period between 2012 and
2015.
\3\ Based on 4:1 NOX to VOC Ratio (i.e. 4 tons of
NOX = 1 ton of VOC)
\4\ The VOC emissions shortfall was interpolated between 2013
and 2015 since the MOVES modeling was not done specifically for this
year.
Table 2--Available VOC and NOX Emission Credits for the Stage II Vapor Recovery Program.
----------------------------------------------------------------------------------------------------------------
Equivalent VOC
Year \2\ VOC (tons) NOX (tons) (tons) \3\
----------------------------------------------------------------------------------------------------------------
2012............................................................ 42.02 46.42 53.63
2013............................................................ 86.07 97.17 110.36
2014 \4\........................................................ 130.12 147.92 167.10
2015............................................................ 174.18 198.66 223.85
----------------------------------------------------------------------------------------------------------------
[[Page 34969]]
Table 3 below summarizes WDNR's Stage II emissions make-up
demonstration. The table specifically highlights the annual emissions
shortfall that will take place during the phase out of the Wisconsin
Stage II program between 2012 and 2015. In addition, the table outlines
the amount of equivalent VOC emission credits that are being used to
offset the shortfall using the VOC to NOX conversion
approach outlined in EPA's proposed approval of Wisconsin's June 6,
2012 SIP revision (see 78 FR 24373). Based on the use of permanent,
enforceable, contemporaneous, surplus emissions reductions achieved
through the shutdown of permitted emissions sources, EPA believes that
the removal of the Wisconsin Stage II program does not interfere with
southeast Wisconsin's ability to demonstrate compliance with the 8-hour
ozone NAAQS.
Table 3--Make-Up of Stage II Vapor Recovery Program Emissions Shortfall
------------------------------------------------------------------------
VOC
emissions Available VOC Difference
Year shortfall emissions (shortfall-
(tons) credit (tons) credit) (tons)
------------------------------------------------------------------------
2012......................... 42.9-44.8 53.63 -8.83
2013......................... 64.0-67.2 110.36 -43.16
2014......................... 47.0-49.6 167.10 -117.50
2015......................... 6.1-6.4 223.85 -217.45
------------------------------------------------------------------------
EPA also examined whether the removal of Stage II program
requirements in southeast Wisconsin will interfere with attainment of
other air quality standards. Southeast Wisconsin is designated
attainment for all standards other than ozone and particulate matter,
including sulfur dioxide and nitrogen dioxide. EPA has no reason to
believe that the removal of the Stage II program in southeast Wisconsin
will cause the area to become nonattainment for any of these
pollutants. In addition, EPA believes that removing the Stage II
program requirements in southeast Wisconsin will not interfere with the
area's ability to meet any other CAA requirement.
Based on the above discussion and the state's section 110(l)
demonstration, EPA believes that removal of the Stage II program would
not interfere with attainment or maintenance of any of the NAAQS in
both the Milwaukee-Racine and Sheboygan County nonattainment areas and
would not interfere with any other applicable requirement of the CAA,
and thus, are approvable under CAA section 110(l).
V. What action is EPA proposing to take?
EPA is proposing to approve the revision to the Wisconsin ozone SIP
submitted by WDNR on November 12, 2012, because we find that the
revision meets all applicable requirements and it would not interfere
with reasonable further progress or attainment of any of the national
ambient air quality standards.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Volatile organic compounds.
Dated: June 3, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-13828 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P
