Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems, 63591-63594 [2014-25354]

Download as PDF Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Proposed Rules section 210(a)(16)(D) of the Dodd-Frank Act and this section includes, without limitation: (i) Duplicate copies, reference materials, drafts of documents that are superseded by later drafts or revisions, documentary material provided to the Corporation by other parties in concluded litigation for which all appeals have expired, and transitory information including personal notes, routine system messages or systemgenerated log files or other documentary material not routinely maintained under the standard record retention policies and procedures of the Corporation; (ii) Documentary material generated or maintained by a bridge financial company, or by a subsidiary or affiliate of a covered financial company that was not provided to the financial company or to the Corporation as receiver; and (iii) Non-publicly available confidential supervisory information, operating, or condition reports prepared by, on behalf of, or at the requirement of any agency responsible for the regulation or supervision of financial companies or their subsidiaries. (3) Policies and procedures. The Corporation may establish policies and procedures with respect to the retention and destruction of records that are consistent with this section. Dated at Washington, DC, this 21st day of October, 2014. By Order of the Board of Directors, Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2014–25338 Filed 10–23–14; 8:45 am] BILLING CODE 6714–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2013–0818; A–1–FRL– 9916–17–Region–1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems Environmental Protection Agency. ACTION: Proposed rule. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Rhode Island Department of Environmental Management. This revision includes regulatory amendments that allow gasoline dispensing facilities (GDFs) to SUMMARY: VerDate Sep<11>2014 16:28 Oct 23, 2014 Jkt 235001 decommission their Stage II vapor recovery systems as of December 25, 2013, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Rhode Island’s requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to propose approval of Rhode Island’s revised vapor recovery regulations. DATES: Written comments must be received on or before November 24, 2014. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R01–OAR–2013–0818 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-Mail: arnold.anne@epa.gov. 3. Fax: (617) 918–0047. 4. Mail: ‘‘Docket Identification Number EPA–R01–OAR–2013–0818,’’ Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109– 3912. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, (Mail code OEP05– 2), Boston, MA 02109–3912. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No. EPA–R01–OAR–2013– 0818. 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 through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 63591 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. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. In addition, copies of the state submittal are also available for public inspection during normal business hours, by appointment at the State Air Agency: Office of Air Resources, Department of Environmental Management, 235 Promenade Street, Providence, RI 02908–5767. FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (Mail code: OEP05–2), Boston, MA 02109– 3912, telephone number (617) 918– 1660, fax number (617) 918–0660, email garcia.ariel@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. E:\FR\FM\24OCP1.SGM 24OCP1 63592 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Proposed Rules Organization of this document. The following outline is provided to aid in locating information in this preamble. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS I. Background and Purpose II. Summary of Rhode Island’s SIP Revision III. EPA’s Evaluation of Rhode Island’s SIP Revision IV. Proposed Action V. Statutory and Executive Order Reviews I. Background and Purpose On December 13, 2013, the Rhode Island Department of Environmental Management submitted a revision to its State Implementation Plan (SIP). The SIP revision consists of Rhode Island’s revised Air Pollution Control Regulation No. 11, Petroleum Liquids Marketing and Storage, which has been revised to allow the decommissioning of Stage II vapor recovery systems and to strengthen Stage I vapor recovery requirements. The SIP submittal also includes a demonstration that removal of Stage II vapor recovery systems in Rhode Island is consistent with the Clean Air Act and EPA guidance. Stage II and onboard refueling vapor recovery (ORVR) systems are two types of emission control systems that capture fuel vapors from vehicle gas tanks during refueling. Stage II vapor recovery systems are installed at gasoline dispensing facilities (GDFs) and capture the refueling fuel vapors at the gasoline pump. 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 vapor recovery systems and vehicle ORVR systems were initially both required by the 1990 Amendments to the Clean Air Act (CAA). Section 182(b)(3) of the CAA requires moderate and above ozone nonattainment areas to implement Stage II vapor recovery programs. Also, under CAA section 184(b)(2), states in the Ozone Transport Region (OTR) are required to implement Stage II or comparable measures. CAA section 202(a)(6) required EPA to promulgate regulations for ORVR for light-duty vehicles (passenger cars). EPA adopted these requirements in 1994, at which point moderate ozone nonattainment areas were no longer subject to the CAA section 182(b)(3) Stage II vapor recovery requirements. ORVR equipment has been phased in for new passenger vehicles beginning with model year 1998, and starting with VerDate Sep<11>2014 16:28 Oct 23, 2014 Jkt 235001 model year 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 systems and Stage II vapor recovery systems would eventually become largely redundant technologies, and provided authority to EPA to allow states to remove Stage II vapor recovery programs 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 (see 77 FR 28772), EPA determined that ORVR systems are in widespread use nationwide 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 vapor recovery programs have become largely redundant control systems and Stage II vapor recovery systems achieve an ever declining emissions benefit as more ORVR-equipped vehicles continue to enter the on-road motor vehicle fleet.1 In its May 16, 2012 rulemaking, EPA also exercised its authority under CAA section 202(a)(6) to waive certain federal statutory requirements for Stage II vapor recovery systems at GDFs. This decision exempts all new ozone nonattainment areas classified serious or above from the requirement to adopt Stage II vapor recovery programs. Finally, EPA’s May 16, 2012 rulemaking also noted that any state currently implementing Stage II vapor recovery programs may submit SIP revisions that would allow for the phase-out of Stage II vapor recovery systems. Stage I vapor recovery systems are systems that capture vapors displaced from storage tanks at GDFs during gasoline tank truck deliveries. When gasoline is delivered into an aboveground or underground storage tank, vapors that were taking up space in the storage tank are displaced by the gasoline entering the storage tank. The Stage I vapor recovery systems route 1 In areas where certain types of vacuum-assist Stage II vapor recovery systems are used, the differences in operational design characteristics between ORVR and some configurations of these Stage II vapor recovery systems 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 these displaced vapors into the delivery truck’s tank. Some vapors are vented when the storage tank exceeds a specified pressure threshold, however the Stage I vapor recovery systems greatly reduce the possibility of these displaced vapors being released into the atmosphere. Stage I vapor recovery systems have been in place since the 1970s. EPA has issued the following guidance regarding Stage I systems: ‘‘Design Criteria for Stage I Vapor Control Systems— Gasoline Service Stations’’ (November 1975, EPA Online Publication 450R75102), which is regarded as the control techniques guideline (CTG) for the control of VOC emissions from this source category; and the EPA document ‘‘Model Volatile Organic Compound Rules for Reasonably Available Control Technology’’ (Staff Working Draft, June 1992) contains a model Stage I regulation. In more recent years, the California Air Resources Board (CARB) has required Stage I vapor recovery systems capable of achieving vapor control efficiencies higher than those achieved by traditional systems. These systems are commonly referred to as Enhanced Vapor Recovery (EVR) systems. II. Summary of Rhode Island’s SIP Revision Rhode Island adopted its Stage II Vapor Recovery Program in 1992 in order to satisfy the requirements of sections 182(b)(3) and 184(b)(2) of the CAA. The Rhode Island Stage II vapor recovery program requirements were codified in Rhode Island Air Pollution Control Regulation No. 11, Petroleum Liquids Marketing and Storage, and EPA approved the program into the Rhode Island SIP on December 17, 1993 (58 FR 65930). Rhode Island’s rule required gasoline dispensing facilities throughout the state to install Stage II vapor recovery systems. On December 13, 2013, Rhode Island submitted a SIP revision consisting of its revised Air Pollution Control Regulation No. 11, Petroleum Liquids Marketing and Storage. This SIP revision includes regulatory amendments that allow GDFs to decommission their Stage II vapor recovery systems as of December 25, 2013 and requires that all GDFs equipped with Stage II vapor recovery systems that are not compatible with ORVR, decommission their Stage II vapor recovery systems by December 22, 2017. A GDF equipped with a Stage II vapor recovery system that is not ORVRcompatible can apply for an exemption to the Stage II removal requirement if E:\FR\FM\24OCP1.SGM 24OCP1 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Proposed Rules such GDF will install, by December 22, 2017, air pollution control systems to control tank excess vent emissions resulting from that incompatibility. These GDFs are then required to continue to operate and maintain their Stage II vapor recovery systems in accordance with Rhode Island’s regulations, until the time when such Stage II vapor recovery system is ever decommissioned. Also, GDFs with ORVR-compatible Stage II vapor recovery systems may choose not to decommission as long as such systems continue to be operated and maintained in accordance with Rhode Island’s regulations, until the time when such Stage II vapor recovery system is ever decommissioned. In addition, the regulatory amendments in the SIP revision also include requirements for GDFs to upgrade their Stage I vapor recovery systems to CARB-certified Stage I EVR systems or a Stage I vapor recovery system composed of EVR system components (Stage I EVR component systems). As of December 25, 2013, the upgrade to Stage I EVR systems or a Stage I system composed of EVR components is required upon facility start-up for facilities beginning operation or installing a fuel storage tank. Also as of December 25, 2013, any component of a pre-existing Stage I vapor recovery system that is replaced, is required to be replaced with a CARBcertified Stage I EVR component. The Rhode Island regulation further requires that all Stage I systems be CARBcertified Stage I EVR systems or Stage I EVR component systems by December 25, 2020. The December 13, 2013 SIP revision also includes a narrative demonstration supporting the discontinuation of the Rhode Island Stage II vapor recovery program. This demonstration consists of an analysis that the Stage II vapor recovery controls provide only de minimis emission reductions due to the prevalence of ORVR-equipped vehicles. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS III. EPA’s Evaluation of Rhode Island’s SIP Revision EPA has reviewed Rhode Island’s revised Air Pollution Control Regulation No. 11, Petroleum Liquids Marketing and Storage, and accompanying SIP narrative and has concluded that Rhode Island’s December 13, 2013 SIP revision is consistent with EPA’s widespread use rule (77 FR 28772, May 16, 2012) and EPA’s ‘‘Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures’’ (EPA– 457/B–12–001; August 7, 2012), VerDate Sep<11>2014 16:28 Oct 23, 2014 Jkt 235001 hereafter referred to as EPA’s Guidance Document. Rhode Island’s December 13, 2013 SIP revision includes a CAA section 110(l) anti-back sliding demonstration based on equations in EPA’s Guidance Document. According to these calculations, the potential loss of refueling emission reductions from removing Stage II vapor recovery systems in 2013 (the effective date of the regulation amendments) is 7.2 percent, thus meeting the 10 percent de minimis recommendation in EPA’s Guidance Document. In addition, Rhode Island’s December 13, 2013 SIP revision also includes calculations illustrating that the overall emissions effect of removing the Stage II vapor recovery program would be an increase of 69 tons in 2013. EPA’s 2011 National Emissions Inventory database, Version 1, illustrates that Rhode Island’s statewide anthropogenic VOC emissions were about 22,248 tons (see www.epa.gov/ttn/chief/net/ 2011inventory.html), therefore the 69 annual tons of VOC emissions increase calculated by Rhode Island are only about 0.3 percent of the total anthropogenic VOC emissions in Rhode Island. Also, these foregone emissions reductions in the near term continue to diminish rapidly over time as ORVR phase-in continues. Therefore, EPA believes that the resulting temporary increases in VOC emissions will not interfere with attainment or maintenance of the ozone NAAQS. With respect to Stage I vapor recovery requirements, Rhode Island’s revised Regulation No. 11 is more stringent than the previously approved version of the rule, thus meeting the CAA section 110(l) anti-back sliding requirements. As noted above, the revised rule requires upgrades to a CARB-certified EVR Stage I system or a Stage I system made up of EVR components by December 25, 2020, with an earlier December 25, 2013 compliance date in the case of a new facility or when system components are being replaced. CARB-certified Stage I EVR systems have been certified to achieve a 98 percent reduction in VOC emissions, as compared to 95 percent for pre-EVR Stage I systems. IV. Proposed Action EPA is proposing to approve Rhode Island’s December 13, 2013 SIP revision. Specifically, EPA is proposing to approve Rhode Island’s revised Air Pollution Control Regulation No. 11, Petroleum Liquids Marketing and Storage, and incorporate it into the Rhode Island SIP. EPA is proposing to approve this SIP revision because it PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 63593 meets all applicable requirements of the Clean Air Act and EPA guidance, and it will not interfere with attainment or maintenance of the ozone NAAQS. EPA is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to the EPA New England Regional Office listed in the ADDRESSES section of this Federal Register. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 proposed 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 Clean Air Act; and E:\FR\FM\24OCP1.SGM 24OCP1 63594 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Proposed Rules • 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 Authority: 42 U.S.C. 7401 et seq. Dated: September 11, 2014. H. Curtis Spalding, Regional Administrator, EPA New England. [FR Doc. 2014–25354 Filed 10–23–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 328 40 CFR Parts 110, 112 116, 117, 122, 230, 232, 300, 302, and 401 [EPA–HQ–OW–2011–0880; FRL–9918–34– OW] RIN 2040–AF30 Definition of ‘‘Waters of the United States’’ Under the Clean Water Act Proposed Rule; Notice of Availability U.S. Army Corps of Engineers (Corps), Department of the Army, Department of Defense; and Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of availability. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS AGENCIES: This document announces the availability of the Science Advisory Board’s (SAB) final peer review of the EPA’s draft report Connectivity of Streams and Wetlands to Downstream 16:28 Oct 23, 2014 Jkt 235001 Ms. Donna Downing, Office of Water (4502– T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number 202–566–2428; email address: CWAwaters@epa.gov. FOR FURTHER INFORMATION CONTACT: On April 21, 2014, EPA and the Corps published the proposed rule ‘‘Definition of ‘Waters of the United States’ Under the Clean Water Act’’ in the Federal Register (79 FR 22188). The public comment for the proposed rule closes on November 14, 2014. The independent SAB has completed a peer review of the proposed rule’s primary supporting document, EPA’s draft report Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis. The peer review was drafted by the SAB’s Panel for the Review of the EPA Water Body Connectivity Report and approved by the chartered SAB. The final peer review has been placed as a supporting document in the docket for this proposed rulemaking and is available on the SAB’s Web site, http://yosemite.epa.gov/sab/ sabpeople.nsf/WebCommittees/BOARD. How can I get copies of this document and other related information? ENVIRONMENTAL PROTECTION AGENCY VerDate Sep<11>2014 The public comment for the proposed rule closes on November 14, 2014. DATES: SUPPLEMENTARY INFORMATION: Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. SUMMARY: Waters: A Review and Synthesis. This document has been placed in the docket for the EPA and the Corps proposed rule ‘‘Definition of ‘Waters of the United States’ Under the Clean Water Act.’’ 1. Docket. EPA has established a docket for this action under Docket ID No. EPA–HQ–OW–2011–0880; FRL– 9901–47–OW. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 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 Water Docket is (202) 566–2426. 2. Electronic Access. You may access this Federal Register document electronically from the Government Printing Office under the ‘‘Federal Register’’ listings at FDSys (http:// www.gpo.gov/fdsys/browse/ collection.action?collectionCode=FR). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Dated: October 14, 2014. Benita Best-Wong, Director, Office of Wetlands, Oceans and Watersheds, Environmental Protection Agency. Dated: October 14, 2014. James Hannon, Chief, Operations and Regulatory Division, U.S. Army Corps of Engineers. [FR Doc. 2014–25138 Filed 10–23–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 174 and 180 [EPA–HQ–OPP–2014–0008; FRL–9916–03] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals In or On Various Commodities Environmental Protection Agency (EPA). ACTION: Notice of filing of petitions and request for comment. AGENCY: This document announces the Agency’s receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before November 24, 2014. ADDRESSES: Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) SUMMARY: E:\FR\FM\24OCP1.SGM 24OCP1

Agencies

[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Proposed Rules]
[Pages 63591-63594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25354]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2013-0818; A-1-FRL-9916-17-Region-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Decommissioning of Stage II Vapor Recovery Systems

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island Department of Environmental Management. This 
revision includes regulatory amendments that allow gasoline dispensing 
facilities (GDFs) to decommission their Stage II vapor recovery systems 
as of December 25, 2013, and a demonstration that such removal is 
consistent with the Clean Air Act and EPA guidance. This revision also 
includes regulatory amendments that strengthen Rhode Island's 
requirements for Stage I vapor recovery systems at GDFs. The intended 
effect of this action is to propose approval of Rhode Island's revised 
vapor recovery regulations.

DATES: Written comments must be received on or before November 24, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2013-0818 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-Mail: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2013-0818,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
(Mail code OEP05-2), Boston, MA 02109-3912. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2013-0818. 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 through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
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.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency: Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (Mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email garcia.ariel@epa.gov.

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

[[Page 63592]]

    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 13, 2013, the Rhode Island Department of Environmental 
Management submitted a revision to its State Implementation Plan (SIP). 
The SIP revision consists of Rhode Island's revised Air Pollution 
Control Regulation No. 11, Petroleum Liquids Marketing and Storage, 
which has been revised to allow the decommissioning of Stage II vapor 
recovery systems and to strengthen Stage I vapor recovery requirements. 
The SIP submittal also includes a demonstration that removal of Stage 
II vapor recovery systems in Rhode Island is consistent with the Clean 
Air Act and EPA guidance.
    Stage II and onboard refueling vapor recovery (ORVR) systems are 
two types of emission control systems that capture fuel vapors from 
vehicle gas tanks during refueling. Stage II vapor recovery systems are 
installed at gasoline dispensing facilities (GDFs) and capture the 
refueling fuel vapors at the gasoline pump. 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 vapor recovery systems and vehicle ORVR systems were 
initially both required by the 1990 Amendments to the Clean Air Act 
(CAA). Section 182(b)(3) of the CAA requires moderate and above ozone 
nonattainment areas to implement Stage II vapor recovery programs. 
Also, under CAA section 184(b)(2), states in the Ozone Transport Region 
(OTR) are required to implement Stage II or comparable measures. CAA 
section 202(a)(6) required EPA to promulgate regulations for ORVR for 
light-duty vehicles (passenger cars). EPA adopted these requirements in 
1994, at which point moderate ozone nonattainment areas were no longer 
subject to the CAA section 182(b)(3) Stage II vapor recovery 
requirements. ORVR equipment has been phased in for new passenger 
vehicles beginning with model year 1998, and starting with model year 
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 
systems and Stage II vapor recovery systems would eventually become 
largely redundant technologies, and provided authority to EPA to allow 
states to remove Stage II vapor recovery programs 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 (see 77 
FR 28772), EPA determined that ORVR systems are in widespread use 
nationwide 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 vapor 
recovery programs have become largely redundant control systems and 
Stage II vapor recovery systems achieve an ever declining emissions 
benefit as more ORVR-equipped vehicles continue to enter the on-road 
motor vehicle fleet.\1\ In its May 16, 2012 rulemaking, EPA also 
exercised its authority under CAA section 202(a)(6) to waive certain 
federal statutory requirements for Stage II vapor recovery systems at 
GDFs. This decision exempts all new ozone nonattainment areas 
classified serious or above from the requirement to adopt Stage II 
vapor recovery programs. Finally, EPA's May 16, 2012 rulemaking also 
noted that any state currently implementing Stage II vapor recovery 
programs may submit SIP revisions that would allow for the phase-out of 
Stage II vapor recovery systems.
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    \1\ In areas where certain types of vacuum-assist Stage II vapor 
recovery systems are used, the differences in operational design 
characteristics between ORVR and some configurations of these Stage 
II vapor recovery systems 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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    Stage I vapor recovery systems are systems that capture vapors 
displaced from storage tanks at GDFs during gasoline tank truck 
deliveries. When gasoline is delivered into an aboveground or 
underground storage tank, vapors that were taking up space in the 
storage tank are displaced by the gasoline entering the storage tank. 
The Stage I vapor recovery systems route these displaced vapors into 
the delivery truck's tank. Some vapors are vented when the storage tank 
exceeds a specified pressure threshold, however the Stage I vapor 
recovery systems greatly reduce the possibility of these displaced 
vapors being released into the atmosphere.
    Stage I vapor recovery systems have been in place since the 1970s. 
EPA has issued the following guidance regarding Stage I systems: 
``Design Criteria for Stage I Vapor Control Systems--Gasoline Service 
Stations'' (November 1975, EPA Online Publication 450R75102), which is 
regarded as the control techniques guideline (CTG) for the control of 
VOC emissions from this source category; and the EPA document ``Model 
Volatile Organic Compound Rules for Reasonably Available Control 
Technology'' (Staff Working Draft, June 1992) contains a model Stage I 
regulation.
    In more recent years, the California Air Resources Board (CARB) has 
required Stage I vapor recovery systems capable of achieving vapor 
control efficiencies higher than those achieved by traditional systems. 
These systems are commonly referred to as Enhanced Vapor Recovery (EVR) 
systems.

II. Summary of Rhode Island's SIP Revision

    Rhode Island adopted its Stage II Vapor Recovery Program in 1992 in 
order to satisfy the requirements of sections 182(b)(3) and 184(b)(2) 
of the CAA. The Rhode Island Stage II vapor recovery program 
requirements were codified in Rhode Island Air Pollution Control 
Regulation No. 11, Petroleum Liquids Marketing and Storage, and EPA 
approved the program into the Rhode Island SIP on December 17, 1993 (58 
FR 65930). Rhode Island's rule required gasoline dispensing facilities 
throughout the state to install Stage II vapor recovery systems.
    On December 13, 2013, Rhode Island submitted a SIP revision 
consisting of its revised Air Pollution Control Regulation No. 11, 
Petroleum Liquids Marketing and Storage. This SIP revision includes 
regulatory amendments that allow GDFs to decommission their Stage II 
vapor recovery systems as of December 25, 2013 and requires that all 
GDFs equipped with Stage II vapor recovery systems that are not 
compatible with ORVR, decommission their Stage II vapor recovery 
systems by December 22, 2017.
    A GDF equipped with a Stage II vapor recovery system that is not 
ORVR-compatible can apply for an exemption to the Stage II removal 
requirement if

[[Page 63593]]

such GDF will install, by December 22, 2017, air pollution control 
systems to control tank excess vent emissions resulting from that 
incompatibility. These GDFs are then required to continue to operate 
and maintain their Stage II vapor recovery systems in accordance with 
Rhode Island's regulations, until the time when such Stage II vapor 
recovery system is ever decommissioned. Also, GDFs with ORVR-compatible 
Stage II vapor recovery systems may choose not to decommission as long 
as such systems continue to be operated and maintained in accordance 
with Rhode Island's regulations, until the time when such Stage II 
vapor recovery system is ever decommissioned.
    In addition, the regulatory amendments in the SIP revision also 
include requirements for GDFs to upgrade their Stage I vapor recovery 
systems to CARB-certified Stage I EVR systems or a Stage I vapor 
recovery system composed of EVR system components (Stage I EVR 
component systems). As of December 25, 2013, the upgrade to Stage I EVR 
systems or a Stage I system composed of EVR components is required upon 
facility start-up for facilities beginning operation or installing a 
fuel storage tank. Also as of December 25, 2013, any component of a 
pre-existing Stage I vapor recovery system that is replaced, is 
required to be replaced with a CARB-certified Stage I EVR component. 
The Rhode Island regulation further requires that all Stage I systems 
be CARB-certified Stage I EVR systems or Stage I EVR component systems 
by December 25, 2020.
    The December 13, 2013 SIP revision also includes a narrative 
demonstration supporting the discontinuation of the Rhode Island Stage 
II vapor recovery program. This demonstration consists of an analysis 
that the Stage II vapor recovery controls provide only de minimis 
emission reductions due to the prevalence of ORVR-equipped vehicles.

III. EPA's Evaluation of Rhode Island's SIP Revision

    EPA has reviewed Rhode Island's revised Air Pollution Control 
Regulation No. 11, Petroleum Liquids Marketing and Storage, and 
accompanying SIP narrative and has concluded that Rhode Island's 
December 13, 2013 SIP revision is consistent with EPA's widespread use 
rule (77 FR 28772, May 16, 2012) and EPA's ``Guidance on Removing Stage 
II Gasoline Vapor Control Programs from State Implementation Plans and 
Assessing Comparable Measures'' (EPA-457/B-12-001; August 7, 2012), 
hereafter referred to as EPA's Guidance Document.
    Rhode Island's December 13, 2013 SIP revision includes a CAA 
section 110(l) anti-back sliding demonstration based on equations in 
EPA's Guidance Document. According to these calculations, the potential 
loss of refueling emission reductions from removing Stage II vapor 
recovery systems in 2013 (the effective date of the regulation 
amendments) is 7.2 percent, thus meeting the 10 percent de minimis 
recommendation in EPA's Guidance Document.
    In addition, Rhode Island's December 13, 2013 SIP revision also 
includes calculations illustrating that the overall emissions effect of 
removing the Stage II vapor recovery program would be an increase of 69 
tons in 2013. EPA's 2011 National Emissions Inventory database, Version 
1, illustrates that Rhode Island's statewide anthropogenic VOC 
emissions were about 22,248 tons (see www.epa.gov/ttn/chief/net/2011inventory.html), therefore the 69 annual tons of VOC emissions 
increase calculated by Rhode Island are only about 0.3 percent of the 
total anthropogenic VOC emissions in Rhode Island. Also, these foregone 
emissions reductions in the near term continue to diminish rapidly over 
time as ORVR phase-in continues. Therefore, EPA believes that the 
resulting temporary increases in VOC emissions will not interfere with 
attainment or maintenance of the ozone NAAQS.
    With respect to Stage I vapor recovery requirements, Rhode Island's 
revised Regulation No. 11 is more stringent than the previously 
approved version of the rule, thus meeting the CAA section 110(l) anti-
back sliding requirements. As noted above, the revised rule requires 
upgrades to a CARB-certified EVR Stage I system or a Stage I system 
made up of EVR components by December 25, 2020, with an earlier 
December 25, 2013 compliance date in the case of a new facility or when 
system components are being replaced. CARB-certified Stage I EVR 
systems have been certified to achieve a 98 percent reduction in VOC 
emissions, as compared to 95 percent for pre-EVR Stage I systems.

IV. Proposed Action

    EPA is proposing to approve Rhode Island's December 13, 2013 SIP 
revision. Specifically, EPA is proposing to approve Rhode Island's 
revised Air Pollution Control Regulation No. 11, Petroleum Liquids 
Marketing and Storage, and incorporate it into the Rhode Island SIP. 
EPA is proposing to approve this SIP revision because it meets all 
applicable requirements of the Clean Air Act and EPA guidance, and it 
will not interfere with attainment or maintenance of the ozone NAAQS.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
New England Regional Office listed in the ADDRESSES section of this 
Federal Register.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed 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 proposed 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 Clean Air Act; and

[[Page 63594]]

     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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 11, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014-25354 Filed 10-23-14; 8:45 am]
BILLING CODE 6560-50-P