Air Plan Approval; Massachusetts; Decommissioning of Stage II Vapor Recovery Systems, 12440-12443 [2016-05027]
Download as PDF
12440
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules
(1) Notice that NARA intends to
conduct an inspection;
(2) Which records management
processes or procedures NARA is
evaluating, and any specific issues;
(3) A beginning date for the
inspection that is no more than 30
business days after the date of the letter;
and
(4) A request for an agency point of
contact to assist NARA as it conducts
the inspection.
(b) If the agency does not respond to
NARA’s notification letter, NARA
reports the matter to the agency’s
Congressional oversight committee and
to the Office of Management and
Budget, under its 44 U.S.C. 2904(c)(8)
statutory authority.
§ 1239.24 How does NARA conduct an
inspection?
(a) The NARA inspection team leader
coordinates with the agency point of
contact to arrange an initial meeting
with the agency. The initial meeting
addresses the scope of the inspection,
including its parameters, any surveys or
other inspection instruments, involved
offices, and timing of site visits.
(b) NARA prepares a draft inspection
report and transmits it to the agency no
later than 45 business days after the last
site visit or meeting. The report
includes:
(1) An executive summary;
(2) Background and purpose of
inspection;
(3) Inspection methodology, including
offices visited;
(4) Findings;
(5) Necessary corrective actions and
other recommendations; and
(6) Any necessary appendices.
(c) The agency must submit its
comments on the draft report no later
than 45 business days after receipt.
(d) NARA incorporates any necessary
corrections or revisions in the final
report and issues the report to the head
of the agency within 45 business days.
Lhorne on DSK5TPTVN1PROD with PROPOSALS
§ 1239.26 What are an agency’s follow-up
obligations after it receives an inspection
report?
(a) The agency must submit to NARA
a plan of corrective action that specifies
how the agency will address each
inspection report recommendation,
including a timeline for completion, and
proposed progress reporting dates.
(b) The agency must submit the plan
of corrective action to NARA within 60
business days of the date of the final
report.
(c) NARA may take up to 60 business
days to review and comment on the
plan.
(d) Once both NARA and the agency
agree that the plan of corrective action
VerDate Sep<11>2014
14:09 Mar 08, 2016
Jkt 238001
is final, the agency must submit
progress reports to NARA.
(e) The agency submits the reports on
a mutually agreed-upon schedule, but
no less frequently than semi-annually,
until it completes all actions.
Dated: March 2, 2016.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2016–05150 Filed 3–8–16; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0351; FRL–9943–38–
Region 1]
Air Plan Approval; Massachusetts;
Decommissioning of Stage II Vapor
Recovery Systems
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Massachusetts
Department of Environmental
Protection. This revision includes
regulatory amendments that allow
gasoline dispensing facilities (GDFs) to
decommission their Stage II vapor
recovery systems as of January 2, 2015,
and a demonstration that such removal
is consistent with the Clean Air Act and
EPA guidance. This revision also
includes regulatory amendments that
strengthen Massachusetts’ requirements
for Stage I vapor recovery systems at
GDFs. The intended effect of this action
is to propose approval of Massachusetts’
revised vapor recovery regulations. This
action is being taken under the Clean
Air Act.
DATES: Written comments must be
received on or before April 8, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0351 at https://
www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
SUMMARY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Summary of Massachusetts’ SIP Revision
III. EPA’s Evaluation of Massachusetts’ SIP
Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On May 5, 2015, the Massachusetts
Department of Environmental Protection
submitted a revision to its State
Implementation Plan (SIP). The SIP
revision consists of Massachusetts’
revised regulations 310 Code of
Massachusetts Regulations (CMR) 7.00,
Air Pollution Control: Definitions and
310 CMR 7.24, Organic Material Storage
and Distribution. Specifically, in
addition to the new and revised
definitions in 310 CMR 7.00, the SIP
revision consists of Massachusetts’
revised regulation sections:
• 310 CMR 7.24(3), Distribution of
Motor Vehicle Fuel;
• 310 CMR 7.24(4), Motor Vehicle
Fuel Tank Trucks; and
• 310 CMR 7.24(6), Dispensing of
Motor Vehicle Fuel.
These sections of Massachusetts’ 310
CMR 7.24 have been revised to allow
the decommissioning of Stage II vapor
E:\FR\FM\09MRP1.SGM
09MRP1
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules
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
Massachusetts 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 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,
VerDate Sep<11>2014
14:09 Mar 08, 2016
Jkt 238001
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 85 percent
of gasoline refueling nationwide occurs
with ORVR-equipped vehicles. Thus,
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 ORVRequipped vehicles continue to enter the
on-road motor vehicle fleet.1 In the 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
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
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 00019
Fmt 4702
Sfmt 4702
12441
‘‘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 Massachusetts’ SIP
Revision
The Massachusetts Stage II vapor
recovery program requirements,
codified in 310 Code of Massachusetts
Regulations (CMR) 7.24(6), Dispensing
of Motor Vehicle Fuel, were initially
approved into the Massachusetts SIP on
December 14, 1992 (57 FR 58993).
Massachusetts’ rule required gasoline
dispensing facilities throughout the
state to install Stage II vapor recovery
systems.
On May 5, 2015, Massachusetts
submitted a SIP revision consisting of
its revised 310 CMR 7.24(6), Dispensing
of Motor Vehicle Fuel. This SIP revision
includes regulatory amendments that
allow GDFs to decommission their Stage
II vapor recovery systems as of January
2, 2015 and requires that all GDFs
equipped with Stage II vapor recovery
systems, decommission their Stage II
vapor recovery systems by January 2,
2017.
A Massachusetts GDF equipped with
a Stage II vapor recovery system, and
having an annual throughput of less
than 500,000 gallons, may apply for an
extension to decommission its Stage II
vapor recovery system based on
financial hardship or extenuating
circumstances. Massachusetts DEP may
grant an owner, lessee, operator or
controller of a GDF making such
request, an extension of up to two years
after January 2, 2017. Any GDF
receiving such an extension, is then
required to continue to operate and
maintain its Stage II vapor recovery
systems in accordance with
Massachusetts’ regulations, until the
time when such Stage II vapor recovery
system is ever decommissioned.
Massachusetts’ May 5, 2015 SIP
revision also includes amended
regulation 310 CMR 7.24(3), Distribution
of Motor Vehicle Fuel, which includes
requirements for GDFs to upgrade their
Stage I vapor recovery systems to CARBcertified Stage I EVR systems or a Stage
I vapor recovery system composed of
EVR system components (Stage I EVR
component systems). As of January 2,
2015, a Stage I EVR system or a Stage
E:\FR\FM\09MRP1.SGM
09MRP1
12442
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules
Lhorne on DSK5TPTVN1PROD with PROPOSALS
I EVR component system is required
upon facility start-up for facilities
beginning operation. Also as of January
2, 2015, 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 Massachusetts
regulations further require that all Stage
I systems be CARB-certified Stage I EVR
systems or Stage I EVR component
systems by January 2, 2022 (seven years
from the effective date of these amended
regulations). Furthermore, the revised
Stage I regulations require GDFs with a
monthly throughput of 100,000 gallons
or more to maintain Stage I systems that
meet the same management practices
required by EPA’s National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) for Source Category: Gasoline
Dispensing Facilities, 40 CFR part 63,
subpart CCCCCC.
In addition, Massachusetts’ May 5,
2015 SIP revision also includes new and
amended definitions in 310 CMR 7.00,
Air Pollution Control, that relate to
Stage I and Stage II vapor recovery
systems and includes minor clarifying
amendments to 310 CMR 7.24(4), Motor
Vehicle Fuel Tank Trucks.
The May 5, 2015 SIP revision also
includes a narrative demonstration
supporting the discontinuation of the
Massachusetts 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 Massachusetts’
SIP Revision
EPA has reviewed Massachusetts
revised 310 CMR 7.00, 7.24(3), 7.24(4),
and 7.24(6) regulations, as well as the
accompanying SIP narrative, and has
concluded that Massachusetts’ May 5,
2015 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.
Massachusetts’ May 5, 2015 SIP
revision includes a CAA section
184(b)(2) ‘‘comparable measures’’
demonstration and 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 is 5.12 percent, thus
VerDate Sep<11>2014
14:09 Mar 08, 2016
Jkt 238001
meeting the 10 percent de minimis
recommendation in EPA’s Guidance
Document. The fact that the
Massachusetts’ demonstration is based
on 2013, while the regulation allows
decommissioning of Stage II systems
beginning in 2015, represents a
conservative estimate as the potential
loss of emission reductions decreases
over time as more and more ORVR
systems are phased-in.
In addition, Massachusetts’ May 5,
2015 SIP revision also includes
calculations illustrating that the overall
emissions effect of removing the Stage II
vapor recovery program would be an
increase of about 463 tons of VOC in
2013. EPA’s 2011 National Emissions
Inventory database, Version 2,
illustrates that Massachusetts’ statewide
anthropogenic VOC emissions were
about 147,213 tons (see www.epa.gov/
ttn/chief/net/2011inventory.html).
Therefore the 463 annual tons of VOC
emissions increase calculated by
Massachusetts are only about 0.3
percent of the total anthropogenic VOC
emissions in Massachusetts. Also, as
noted above, these foregone emissions
reductions in the near term continue to
diminish rapidly over time as ORVR
phase-in continues. Thus, EPA believes
that the resulting temporary increases in
VOC emissions will not interfere with
attainment or maintenance of the ozone
National Ambient Air Quality Standards
(NAAQS).
Furthermore, Appendix Table A–1 of
EPA’s Guidance Document illustrates
that by the end of 2016 (Massachusetts’
requires that all GDFs decommission
their Stage II vapor recovery systems by
January 2, 2017), about 85% of the
vehicles in the national motor vehicle
fleet will be equipped with ORVR. The
number of ORVR-equipped vehicles in
Massachusetts will likely be even higher
due to Massachusetts having a more
accelerated motor vehicle fleet turnover
when compared to the national motor
vehicle fleet.2 Appendix Table A–1 of
EPA’s Guidance Document also
illustrates that by the end of 2016,
almost 89% of gasoline dispensed
nationally will be to ORVR-equipped
vehicles, which is also likely to be
higher in Massachusetts due to a newer
2 Air Program Support for Stage I and Stage II
Programs in Massachusetts Final Report, Eastern
Research Group, Inc. and de la Torre-Klausmeier
Consulting, December 12, 2012, includes an
analysis of vehicle registration data, from the
Massachusetts motor vehicle inspection and
maintenance program database, illustrating that
76% of motor vehicles inspected in 2011
throughout Massachusetts had ORVR controls. This
is much more accelerated than EPA’s end of 2011
calendar year national estimate of 67.1% of vehicles
in the national motor vehicle fleet are equipped
with ORVR.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
motor vehicle fleet.3 At that point in
time, since a vast majority of
Massachusetts vehicles being refueled at
gasoline dispensing facilities will be
equipped with ORVR systems, the
ORVR systems will be controlling the
VOC emissions, making Stage II vapor
recovery systems a redundant, and
potentially incompatible, emissions
control technology in Massachusetts.
Therefore, removing the Stage II systems
is not expected to result in a significant
emissions increase, but is expected to
avoid emissions increases resulting from
the incompatibility of some Stage II
systems with ORVR controls.
With respect to Stage I vapor recovery
requirements, Massachusetts’ revised
regulation 310 CMR 7.24(3) is more
stringent than the previously approved
version of the rule,4 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 January 2, 2022, with an
earlier January 2, 2015 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. Thus, when pre-EVR
Stage I systems in Massachusetts are
replaced with CARB-certified Stage I
EVR systems, a greater emission
reduction will be achieved. Also, when
a component of a pre-EVR Stage I
systems is replaced with a CARBcertified Stage I EVR component, a
somewhat greater reduction is expected
to be achieved. These additional
reductions will further mitigate any
temporary declining emissions
increases, which are already de
minimis, resulting from removal of
Stage II vapor recovery systems.
Finally, we note that the
Massachusetts regulation contains the
following language: ‘‘The provisions
and requirements of 310 CMR 7.24(3)(a)
and (b) are subject to the enforcement
provisions specified in 310 CMR 7.52.’’
EPA notes that this language, which also
appears in other parts of the State’s
regulation with respect to enforcement
of other specific regulatory provisions,
and which EPA is proposing to approve
into the Massachusetts SIP, is not
3 Ibid. In 2013, 84.9% of gasoline dispensed in
Massachusetts was dispensed to ORVR-equipped
vehicles. This is slightly more accelerated than
EPA’s end of 2013 calendar year national estimate
of 81.0% of fuel dispensed to ORVR-equipped
vehicles.
4 EPA’s most recent approval of 310 CMR 7.24(3)
was on September 3, 1999 (see 64 FR 48297).
E:\FR\FM\09MRP1.SGM
09MRP1
Federal Register / Vol. 81, No. 46 / Wednesday, March 9, 2016 / Proposed Rules
intended to, and does not as a matter of
law, preclude enforcement of the SIP
provisions in question through any
other means authorized by federal law,
including, but not limited to, the CAA.
Lhorne on DSK5TPTVN1PROD with PROPOSALS
IV. Proposed Action
EPA is proposing to approve
Massachusetts’ May 5, 2015 SIP
revision. Specifically, EPA is proposing
to approve Massachusetts revised
regulations 310 CMR 7.24(3),
Distribution of Motor Vehicle Fuel, 310
CMR 7.24(4), Motor Vehicle Fuel Tank
Trucks, and 310 CMR 7.24(6),
Dispensing of Motor Vehicle Fuel, as
well as new and revised definitions, in
310 CMR 7.00, Air Pollution Control,
that relate to Stage I and Stage II vapor
recovery systems, and incorporate these
regulations into the Massachusetts SIP.
EPA is proposing to approve this SIP
revision because it meets all applicable
requirements of the CAA and EPA
guidance, and it will not interfere with
any applicable requirement concerning
NAAQS attainment and reasonable
further progress or with any other
applicable requirement of the Clean Air
Act.
Massachusetts’ May 5, 2015 SIP
revision satisfies the ‘‘comparable
measures’’ requirement of CAA section
184(b)(2), because as stated in EPA’s
Guidance Document, ‘‘the comparable
measures requirement is satisfied if
phasing out a Stage II control program
in a particular area is estimated to have
no, or a de minimis, incremental loss of
area-wide emissions control.’’ As noted
above, Massachusetts’ SIP revision met
de minimis criteria outlined in EPA’s
Guidance Document. In addition, since
the resulting temporary emissions
increase from the removal of Stage II
controls are de minimis, the anti-back
sliding requirements of CAA section
110(l) have also been satisfied.
EPA is soliciting public comments on
the issues discussed in this document 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 this proposed rule
by following the instructions listed in
the ADDRESSES section of this Federal
Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
Massachusetts’ 310 CMR 7.00, Air
Pollution Control: Definitions; 310 CMR
VerDate Sep<11>2014
14:09 Mar 08, 2016
Jkt 238001
7.24(3), Distribution of Motor Vehicle
Fuel; 310 CMR 7.24(4), Motor Vehicle
Fuel Tank Trucks; and 310 CMR 7.24(6)
Dispensing of Motor Vehicle Fuel. The
EPA has made, and will continue to
make, these documents generally
available electronically through https://
www.regulations.gov and at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
VI. 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) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (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
• Does not provide EPA with the
discretionary authority to address, as
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
12443
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or and
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 19, 2016.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2016–05027 Filed 3–8–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
[Docket No. FMCSA–2015–0489]
Commercial Driver’s License
Standards: Application for Exemption;
State of Idaho, Idaho Transportation
Department (ITD)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that the
Division of Motor Vehicles, Idaho
Transportation Department (ITD), has
applied for an exemption from
provisions of 49 CFR 383.75(a)(8)(v) that
require third-party commercial driver
license (CDL) testers to initiate and
maintain a bond in an amount
determined by the State to be sufficient
to pay for re-testing drivers in the event
that the third party or one or more of its
examiners is involved in fraudulent
activities related to conducting skills
testing of CDL applicants. FMCSA
requests public comment on IDT’s
application for exemption.
SUMMARY:
E:\FR\FM\09MRP1.SGM
09MRP1
Agencies
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Proposed Rules]
[Pages 12440-12443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05027]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0351; FRL-9943-38-Region 1]
Air Plan Approval; Massachusetts; 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
Commonwealth of Massachusetts Department of Environmental Protection.
This revision includes regulatory amendments that allow gasoline
dispensing facilities (GDFs) to decommission their Stage II vapor
recovery systems as of January 2, 2015, and a demonstration that such
removal is consistent with the Clean Air Act and EPA guidance. This
revision also includes regulatory amendments that strengthen
Massachusetts' requirements for Stage I vapor recovery systems at GDFs.
The intended effect of this action is to propose approval of
Massachusetts' revised vapor recovery regulations. This action is being
taken under the Clean Air Act.
DATES: Written comments must be received on or before April 8, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0351 at https://www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the ``For Further Information Contact'' section. For the
full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Summary of Massachusetts' SIP Revision
III. EPA's Evaluation of Massachusetts' SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On May 5, 2015, the Massachusetts Department of Environmental
Protection submitted a revision to its State Implementation Plan (SIP).
The SIP revision consists of Massachusetts' revised regulations 310
Code of Massachusetts Regulations (CMR) 7.00, Air Pollution Control:
Definitions and 310 CMR 7.24, Organic Material Storage and
Distribution. Specifically, in addition to the new and revised
definitions in 310 CMR 7.00, the SIP revision consists of
Massachusetts' revised regulation sections:
310 CMR 7.24(3), Distribution of Motor Vehicle Fuel;
310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks; and
310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel.
These sections of Massachusetts' 310 CMR 7.24 have been revised to
allow the decommissioning of Stage II vapor
[[Page 12441]]
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 Massachusetts 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 85 percent of gasoline refueling
nationwide occurs with ORVR-equipped vehicles. Thus, 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 the 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 Massachusetts' SIP Revision
The Massachusetts Stage II vapor recovery program requirements,
codified in 310 Code of Massachusetts Regulations (CMR) 7.24(6),
Dispensing of Motor Vehicle Fuel, were initially approved into the
Massachusetts SIP on December 14, 1992 (57 FR 58993). Massachusetts'
rule required gasoline dispensing facilities throughout the state to
install Stage II vapor recovery systems.
On May 5, 2015, Massachusetts submitted a SIP revision consisting
of its revised 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel. This
SIP revision includes regulatory amendments that allow GDFs to
decommission their Stage II vapor recovery systems as of January 2,
2015 and requires that all GDFs equipped with Stage II vapor recovery
systems, decommission their Stage II vapor recovery systems by January
2, 2017.
A Massachusetts GDF equipped with a Stage II vapor recovery system,
and having an annual throughput of less than 500,000 gallons, may apply
for an extension to decommission its Stage II vapor recovery system
based on financial hardship or extenuating circumstances. Massachusetts
DEP may grant an owner, lessee, operator or controller of a GDF making
such request, an extension of up to two years after January 2, 2017.
Any GDF receiving such an extension, is then required to continue to
operate and maintain its Stage II vapor recovery systems in accordance
with Massachusetts' regulations, until the time when such Stage II
vapor recovery system is ever decommissioned.
Massachusetts' May 5, 2015 SIP revision also includes amended
regulation 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, which
includes 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 January 2, 2015, a Stage I EVR system or a
Stage
[[Page 12442]]
I EVR component system is required upon facility start-up for
facilities beginning operation. Also as of January 2, 2015, 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 Massachusetts regulations further require that all Stage
I systems be CARB-certified Stage I EVR systems or Stage I EVR
component systems by January 2, 2022 (seven years from the effective
date of these amended regulations). Furthermore, the revised Stage I
regulations require GDFs with a monthly throughput of 100,000 gallons
or more to maintain Stage I systems that meet the same management
practices required by EPA's National Emissions Standards for Hazardous
Air Pollutants (NESHAP) for Source Category: Gasoline Dispensing
Facilities, 40 CFR part 63, subpart CCCCCC.
In addition, Massachusetts' May 5, 2015 SIP revision also includes
new and amended definitions in 310 CMR 7.00, Air Pollution Control,
that relate to Stage I and Stage II vapor recovery systems and includes
minor clarifying amendments to 310 CMR 7.24(4), Motor Vehicle Fuel Tank
Trucks.
The May 5, 2015 SIP revision also includes a narrative
demonstration supporting the discontinuation of the Massachusetts 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 Massachusetts' SIP Revision
EPA has reviewed Massachusetts revised 310 CMR 7.00, 7.24(3),
7.24(4), and 7.24(6) regulations, as well as the accompanying SIP
narrative, and has concluded that Massachusetts' May 5, 2015 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.
Massachusetts' May 5, 2015 SIP revision includes a CAA section
184(b)(2) ``comparable measures'' demonstration and 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 is 5.12 percent, thus meeting the 10 percent de minimis
recommendation in EPA's Guidance Document. The fact that the
Massachusetts' demonstration is based on 2013, while the regulation
allows decommissioning of Stage II systems beginning in 2015,
represents a conservative estimate as the potential loss of emission
reductions decreases over time as more and more ORVR systems are
phased-in.
In addition, Massachusetts' May 5, 2015 SIP revision also includes
calculations illustrating that the overall emissions effect of removing
the Stage II vapor recovery program would be an increase of about 463
tons of VOC in 2013. EPA's 2011 National Emissions Inventory database,
Version 2, illustrates that Massachusetts' statewide anthropogenic VOC
emissions were about 147,213 tons (see www.epa.gov/ttn/chief/net/2011inventory.html). Therefore the 463 annual tons of VOC emissions
increase calculated by Massachusetts are only about 0.3 percent of the
total anthropogenic VOC emissions in Massachusetts. Also, as noted
above, these foregone emissions reductions in the near term continue to
diminish rapidly over time as ORVR phase-in continues. Thus, EPA
believes that the resulting temporary increases in VOC emissions will
not interfere with attainment or maintenance of the ozone National
Ambient Air Quality Standards (NAAQS).
Furthermore, Appendix Table A-1 of EPA's Guidance Document
illustrates that by the end of 2016 (Massachusetts' requires that all
GDFs decommission their Stage II vapor recovery systems by January 2,
2017), about 85% of the vehicles in the national motor vehicle fleet
will be equipped with ORVR. The number of ORVR-equipped vehicles in
Massachusetts will likely be even higher due to Massachusetts having a
more accelerated motor vehicle fleet turnover when compared to the
national motor vehicle fleet.\2\ Appendix Table A-1 of EPA's Guidance
Document also illustrates that by the end of 2016, almost 89% of
gasoline dispensed nationally will be to ORVR-equipped vehicles, which
is also likely to be higher in Massachusetts due to a newer motor
vehicle fleet.\3\ At that point in time, since a vast majority of
Massachusetts vehicles being refueled at gasoline dispensing facilities
will be equipped with ORVR systems, the ORVR systems will be
controlling the VOC emissions, making Stage II vapor recovery systems a
redundant, and potentially incompatible, emissions control technology
in Massachusetts. Therefore, removing the Stage II systems is not
expected to result in a significant emissions increase, but is expected
to avoid emissions increases resulting from the incompatibility of some
Stage II systems with ORVR controls.
---------------------------------------------------------------------------
\2\ Air Program Support for Stage I and Stage II Programs in
Massachusetts Final Report, Eastern Research Group, Inc. and de la
Torre-Klausmeier Consulting, December 12, 2012, includes an analysis
of vehicle registration data, from the Massachusetts motor vehicle
inspection and maintenance program database, illustrating that 76%
of motor vehicles inspected in 2011 throughout Massachusetts had
ORVR controls. This is much more accelerated than EPA's end of 2011
calendar year national estimate of 67.1% of vehicles in the national
motor vehicle fleet are equipped with ORVR.
\3\ Ibid. In 2013, 84.9% of gasoline dispensed in Massachusetts
was dispensed to ORVR-equipped vehicles. This is slightly more
accelerated than EPA's end of 2013 calendar year national estimate
of 81.0% of fuel dispensed to ORVR-equipped vehicles.
---------------------------------------------------------------------------
With respect to Stage I vapor recovery requirements, Massachusetts'
revised regulation 310 CMR 7.24(3) is more stringent than the
previously approved version of the rule,\4\ 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 January 2, 2022, with
an earlier January 2, 2015 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. Thus, when pre-EVR Stage I systems in Massachusetts are
replaced with CARB-certified Stage I EVR systems, a greater emission
reduction will be achieved. Also, when a component of a pre-EVR Stage I
systems is replaced with a CARB-certified Stage I EVR component, a
somewhat greater reduction is expected to be achieved. These additional
reductions will further mitigate any temporary declining emissions
increases, which are already de minimis, resulting from removal of
Stage II vapor recovery systems.
---------------------------------------------------------------------------
\4\ EPA's most recent approval of 310 CMR 7.24(3) was on
September 3, 1999 (see 64 FR 48297).
---------------------------------------------------------------------------
Finally, we note that the Massachusetts regulation contains the
following language: ``The provisions and requirements of 310 CMR
7.24(3)(a) and (b) are subject to the enforcement provisions specified
in 310 CMR 7.52.'' EPA notes that this language, which also appears in
other parts of the State's regulation with respect to enforcement of
other specific regulatory provisions, and which EPA is proposing to
approve into the Massachusetts SIP, is not
[[Page 12443]]
intended to, and does not as a matter of law, preclude enforcement of
the SIP provisions in question through any other means authorized by
federal law, including, but not limited to, the CAA.
IV. Proposed Action
EPA is proposing to approve Massachusetts' May 5, 2015 SIP
revision. Specifically, EPA is proposing to approve Massachusetts
revised regulations 310 CMR 7.24(3), Distribution of Motor Vehicle
Fuel, 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks, and 310 CMR
7.24(6), Dispensing of Motor Vehicle Fuel, as well as new and revised
definitions, in 310 CMR 7.00, Air Pollution Control, that relate to
Stage I and Stage II vapor recovery systems, and incorporate these
regulations into the Massachusetts SIP. EPA is proposing to approve
this SIP revision because it meets all applicable requirements of the
CAA and EPA guidance, and it will not interfere with any applicable
requirement concerning NAAQS attainment and reasonable further progress
or with any other applicable requirement of the Clean Air Act.
Massachusetts' May 5, 2015 SIP revision satisfies the ``comparable
measures'' requirement of CAA section 184(b)(2), because as stated in
EPA's Guidance Document, ``the comparable measures requirement is
satisfied if phasing out a Stage II control program in a particular
area is estimated to have no, or a de minimis, incremental loss of
area-wide emissions control.'' As noted above, Massachusetts' SIP
revision met de minimis criteria outlined in EPA's Guidance Document.
In addition, since the resulting temporary emissions increase from the
removal of Stage II controls are de minimis, the anti-back sliding
requirements of CAA section 110(l) have also been satisfied.
EPA is soliciting public comments on the issues discussed in this
document 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 this proposed rule by following the instructions listed in
the ADDRESSES section of this Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Massachusetts' 310 CMR 7.00, Air Pollution Control:
Definitions; 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel; 310
CMR 7.24(4), Motor Vehicle Fuel Tank Trucks; and 310 CMR 7.24(6)
Dispensing of Motor Vehicle Fuel. The EPA has made, and will continue
to make, these documents generally available electronically through
https://www.regulations.gov and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information).
VI. 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) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or and Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 19, 2016.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2016-05027 Filed 3-8-16; 8:45 am]
BILLING CODE 6560-50-P