Air Plan Approval; Vermont; Stage I Vapor Recovery Requirements, 23164-23167 [2016-09068]
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Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations
proposals are not entitled to any
remuneration, compensation, or any
other form of payment, whether their
proposals are selected or not, for any
reason.
(c) The following persons may not
submit proposals:
(1) Employees of the United States
Postal Service;
(2) Any contractor of the Postal
Service that may stand to benefit
financially from the Semipostal Stamp
Program; or
(3) Members of the Citizens’ Stamp
Advisory Committee and their
immediate families, and contractors of
the Postal Service, and their immediate
families, who are involved in any
decision-making related to causes,
recipient agencies, or artwork for the
Semipostal Stamp Program.
(d) Consideration for evaluation will
not be given to proposals that request
support for any of the following:
Anniversaries; public works; people;
specific organizations or associations;
commercial enterprises or products;
cities, towns, municipalities, counties,
or secondary schools; hospitals,
libraries, or similar institutions;
religious institutions; causes that do not
further human welfare; or causes
determined by the Postal Service or the
Citizens’ Stamp Advisory Committee to
be inconsistent with the spirit, intent, or
history of the Semipostal Authorization
Act.
(e) Artwork and stamp designs may
not be submitted with proposals.
■ 5. Revise § 551.5 to read as follows:
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§ 551.5
Frequency and other limitations.
(a) The Postal Service is authorized to
issue semipostal stamps for a 10-year
period beginning on the date on which
semipostal stamps are first sold to the
public under 39 U.S.C. 416. The Office
of Stamp Services will determine the
date of commencement of the 10-year
period.
(b) The Postal Service will offer only
one discretionary semipostal stamp for
sale at any given time during the 10-year
period, although a discretionary
semipostal stamp may be offered for sale
at the same time as one or more
congressionally mandated semipostal
stamps.
(c) The sales period for any given
discretionary semipostal stamp is
limited to no more than two years, as
determined by the Office of Stamp
Services.
(d) Prior to or after the issuance of a
given discretionary semipostal stamp,
the Postal Service may withdraw the
semipostal stamp from sale, or to reduce
the sales period, if, inter alia:
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(1) Its sales or revenue statistics are
lower than expected,
(2) The sales or revenue projections
are lower than expected, or
(3) The cause or recipient executive
agency does not further, or does not
comply with, the statutory purposes or
requirements of the Semipostal
Authorization Act.
■ 6. Revise § 551.6 to read as follows:
§ 551.6
Pricing.
(a) The Semipostal Authorization Act,
as amended by Public Law 107–67,
section 652, 115 Stat. 514 (2001),
prescribes that the price of a semipostal
stamp is the rate of postage that would
otherwise regularly apply, plus a
differential of not less than 15 percent.
The price of a semipostal stamp shall be
an amount that is evenly divisible by
five. For purposes of this provision, the
First-Class Mail® single-piece stamped
first-ounce rate of postage will be
considered the rate of postage that
would otherwise regularly apply.
(b) The prices of semipostal stamps
are determined by the Governors of the
United States Postal Service in
accordance with the requirements of 39
U.S.C. 416.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2016–09081 Filed 4–19–16; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0243; A–1–FRL–
9945–12-Region 1]
Air Plan Approval; Vermont; Stage I
Vapor Recovery Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Vermont. This
revision includes regulatory
amendments that clarify and Stage I
vapor recovery requirements at gasoline
dispensing facilities (GDFs). The
intended effect of this action is to
approve Vermont’s revised Stage I vapor
recovery regulations. This action is
being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective June 20, 2016, unless EPA
receives adverse comments by May 20,
2016. If adverse comments are received,
SUMMARY:
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EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0243 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 Vermont’s SIP Revision
III. EPA’s Evaluation of Vermont’s SIP
Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On January 26, 2015, the State of
Vermont Department of Environmental
Conservation submitted a formal
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revision to its State Implementation
Plan (SIP). The SIP revision consists of
Vermont’s revised Air Pollution Control
Regulation (APCR) Section 5–101,
Definitions; APCR Section 5–253.2, Bulk
Gasoline Terminals; APCR Section 5–
253.3, Bulk Gasoline Plants; and APCR
Section 5–253.5, Stage I Vapor Recovery
Controls at Gasoline Dispensing
Facilities.
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 Volatile Organic
Compound (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. EPA has also issued the
following CTGs, relevant to this SIP
revision: ‘‘Control of Hydrocarbons from
Tank Truck Gasoline Loading
Terminals’’ (December 1977, EPA–450/
2–77–026); and ‘‘Control of Volatile
Organic Emissions from Bulk Gasoline
Plants’’ (December 1977, EPA–450/2–
77–035).
II. Summary of Vermont’s SIP Revision
The Vermont APCR Section 5–253.2,
Bulk Gasoline Terminals; Section 5–
253.3, Bulk Gasoline Plants; and Section
5–253.5, Stage I Vapor Recovery
Controls at Gasoline Dispensing
Facilities, were initially approved into
the Vermont SIP on April 22, 1998 (63
FR 19829). Vermont’s APCRs required
gasoline dispensing facilities throughout
the state to install Stage I vapor recovery
systems and satisfied Reasonably
Available Control Technology (RACT)
for gasoline dispensing facilities, bulk
gasoline terminals, and bulk gasoline
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plants. The SIP revision approved on
April 22, 1998 also included definitions
in Section 5–101, Definitions that were
associated with the VOC RACT rules.
On January 26, 2015, Vermont
submitted a SIP revision consisting of
its revised APCR Sections 5–101, 5–
253.2, 5–253.3, and 5–253.5. This SIP
revision includes regulatory
amendments that clarify Stage I vapor
recovery requirements, simplify
definitions relating to gasoline storage
and distribution at gasoline terminals
and bulk gasoline plants, improve the
consistency of the Vermont APCRs with
federal requirements for GDFs, and help
to ensure that VOC emission reductions
achieved by existing Stage I vapor
recovery systems are maintained.
Vermont’s January 26, 2015 SIP
revision included the amended APCR
Section 5–253.5, Stage I Vapor Recovery
Controls at Gasoline Dispensing
Facilities, which was revised to clarify
requirements in the existing Stage I
vapor recovery regulation. Amongst
other clarifying revisions in Vermont’s
APCR Section 5–253.5, the Stage I vapor
recovery regulation was: Revised to
ensure awareness that GDFs must also
comply with the federal regulations for
GDFs, EPA’s National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) for Source Category: Gasoline
Dispensing Facilities, 40 CFR part 63,
subpart CCCCCC; revised to include
definitions for ‘‘dual-point vapor Stage
I vapor recovery system,’’ ‘‘monthly
gasoline throughput,’’ and ‘‘startup’’;
and revised to include a compliance
schedule for the installation of dualpoint Stage I vapor recovery systems for
those GDFs not already so equipped.
In addition, the amended APCRs in
Vermont’s January 26, 2015 SIP revision
were revised as follows: The amended
APCR Section 5–101, Definitions,
includes revised definitions for ‘‘bulk
gasoline terminal’’ and ‘‘vapor balance
system’’; the amended APCR Section 5–
253.2, Bulk Gasoline Terminals, adds a
reference to a ‘‘vapor control system’’ in
addition to the previous wording, which
only referred to ‘‘vapor collection
system,’’ thus clarifying that the
gasoline vapors displaced from gasoline
tank trucks during loading must be
collected and controlled, and that the
emission limits from such vapors apply
to both the collection and control
systems; and the amended APCR
Section 5–253.3, Bulk Gasoline Plants,
was revised for clarity as a result of the
revised APCR 5–101 definition of
‘‘vapor balance system.’’
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III. EPA’s Evaluation of Vermont’s SIP
Revision
EPA has reviewed Vermont’s revised
APCRs Sections 5–101, 5–253.2, 5–
253.3, and 5–253.5, and has concluded
that Vermont’s January 26, 2015 SIP
revision is approvable. Specifically,
Vermont’s revised regulations continue
to be consistent with EPA’s CTGs and
meet RACT for the relevant emission
source categories.
In addition, Vermont’s revised APCRs
included in the January 26, 2015 SIP
revision are more stringent than the
previously approved versions of the
rules, thus meeting the CAA section
110(l) anti-backsliding requirements.
EPA’s most recent approval of APCR
Sections 5–253.2 and 5–253.5 was on
April 22, 1998 (see 63 FR 19825),
Section 5–253.3 was on July 19, 2011
(see 76 FR 42560), and Section 5–101
was on October 5, 2012 (see 77 FR
60907). Vermont’s revised APCRs
submitted with their January 26, 2015
SIP revision are more stringent by
incorporating the requirement for GDFs
to meet the federal NESHAP and by
clarifying that Stage I requirements
apply to vapor control systems as well
as vapor collection systems.
Furthermore, the defined terms and
clarifications added to the Vermont
APCRs ensure that all entities subject to
the regulations clearly understand the
applicable requirements.
Finally, we note that in certain
instances the regulations we are
approving authorize a Vermont ‘‘Air
Pollution Control Officer’’ to make
certain determinations or to require
specific actions. In approving such
provisions, although EPA’s authority
regarding such determinations or
actions is not expressly referenced in
the regulatory text, EPA does not intend,
and could not intend as a matter of law,
to preclude EPA from exercising any
legal authority EPA may have under the
Clean Air Act and its implementing
regulations. The regulatory language at
Vermont APCR Section 5–253.5(c)(3),
relating to determinations regarding
whether a facility is being operated and
maintained in a manner consistent with
safety and good engineering practices
for minimizing emissions, is one
example of such a provision. Although
the provision does not reference EPA’s
legal authority, the provision would not,
and could not, function as a legal matter
to preclude EPA from exercising any
relevant authority it may have under the
Clean Air Act or its implementing
regulations.
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IV. Final Action
EPA is approving, and incorporating
into the Vermont SIP, Vermont’s revised
APCRs Section 5–101, Definitions;
Section 5–253.2, Bulk Gasoline
Terminals; Section 5–253.3, Bulk
Gasoline Plants; and Section 5–253.5,
Stage I Vapor Recovery Controls at
Gasoline Dispensing Facilities. EPA is
approving Vermont’s January 26, 2015
SIP revision because it meets all
applicable requirements of the CAA and
EPA guidance.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective June 20,
2016 without further notice unless the
Agency receives relevant adverse
comments by May 20, 2016.
If the EPA receives such comments,
then EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on June 20, 2016 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Vermont’s
APCRs described in the amendments to
40 CFR part 52 set forth below. The EPA
has made, and will continue to make,
these documents generally available
electronically through https://
www.regulations.gov.
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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 action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 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 an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
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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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 20, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
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PART 52—[AMENDED]
§ 52.2370
Subpart UU—Vermont
2. In § 52.2370, the table in paragraph
(c) is amended by revising entries for
Sections 5–101, 5–253.2, 5–253.3, and
5–253.5 to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VERMONT REGULATIONS
State
effective
date
EPA approval
date
Explanations
*
12/29/14
*
April 20, 2016 [Insert Federal
Register citation].
*
*
Revised definitions for ‘‘bulk
gasoline terminal’’ and ‘‘vapor
balance system.’’.
*
*
Bulk Gasoline Terminals ............
*
12/29/14
*
*
Section 5–253.3 ........
Bulk Gasoline Plants ..................
12/29/14
*
April 20, 2016 [Insert Federal
Register citation].
April 20, 2016 [Insert Federal
Register citation].
*
Section 5–253.5 ........
*
*
Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities.
*
12/29/14
*
April 20, 2016 [Insert Federal
Register citation].
*
*
*
*
*
State citation
Title/subject
*
Section 5–101 ...........
*
*
Definitions ...................................
*
Section 5–253.2 ........
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
EVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–2015–NY2; FRL–9935–51–
Region 2]
Approval and Promulgation of Air
Quality Implementation Plans; New
York; Update to Materials Incorporated
by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the New York State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by the New York State
Department of Environmental
Conservation and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), and the EPA
Regional Office.
DATES: This rule is effective April 20,
2016.
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SUMMARY:
14:49 Apr 19, 2016
SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 2 Office, Air
Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007–
1866; and the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: www.archives.gov/federalregister/cfr/ibr-locations.html. To view
the material at the Region 2 Office, EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kirk
J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th floor, New York, NY
10008–1866, telephone number (212)
637–3381, email: wieber.kirk@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2016–09068 Filed 4–19–16; 8:45 am]
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I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
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description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
July 15, 2011 (76 FR 41705), EPA
published a document in the Federal
Register beginning the revised IBR
procedure for New York.
This Final Rule continues the revised
IBR procedure for New York. In this
document, EPA is publishing an
updated set of tables listing the
regulatory (i.e., IBR) materials in the
New York SIP taking into account the
additions, corrections and revisions to
those materials previously submitted by
the state agency and approved by EPA.
We are removing the EPA Headquarters
Library from paragraph (b)(3), as IBR
materials are no longer available at this
location. In addition, EPA has found
errors in certain entries listed in 40 CFR
52.1670(c), as amended in the published
IBR update actions listed above, and is
correcting them in this document.
Since the July 15, 2011 publication of
the new IBR procedure, EPA has
approved changes to the following
regulations and sections for New York:
A. Added Regulations
1. Additions of the following
regulations or sections in Title 6 of the
New York Code of Rules and
Regulations:
a. Part 240, Conformity to State or
Federal Implementation Plans of
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]]>Agencies
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23164-23167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09068]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0243; A-1-FRL-9945-12-Region 1]
Air Plan Approval; Vermont; Stage I Vapor Recovery Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Vermont.
This revision includes regulatory amendments that clarify and Stage I
vapor recovery requirements at gasoline dispensing facilities (GDFs).
The intended effect of this action is to approve Vermont's revised
Stage I vapor recovery regulations. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be effective June 20, 2016, unless
EPA receives adverse comments by May 20, 2016. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0243 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 Vermont's SIP Revision
III. EPA's Evaluation of Vermont's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On January 26, 2015, the State of Vermont Department of
Environmental Conservation submitted a formal
[[Page 23165]]
revision to its State Implementation Plan (SIP). The SIP revision
consists of Vermont's revised Air Pollution Control Regulation (APCR)
Section 5-101, Definitions; APCR Section 5-253.2, Bulk Gasoline
Terminals; APCR Section 5-253.3, Bulk Gasoline Plants; and APCR Section
5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities.
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
Volatile Organic Compound (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. EPA has also issued the
following CTGs, relevant to this SIP revision: ``Control of
Hydrocarbons from Tank Truck Gasoline Loading Terminals'' (December
1977, EPA-450/2-77-026); and ``Control of Volatile Organic Emissions
from Bulk Gasoline Plants'' (December 1977, EPA-450/2-77-035).
II. Summary of Vermont's SIP Revision
The Vermont APCR Section 5-253.2, Bulk Gasoline Terminals; Section
5-253.3, Bulk Gasoline Plants; and Section 5-253.5, Stage I Vapor
Recovery Controls at Gasoline Dispensing Facilities, were initially
approved into the Vermont SIP on April 22, 1998 (63 FR 19829).
Vermont's APCRs required gasoline dispensing facilities throughout the
state to install Stage I vapor recovery systems and satisfied
Reasonably Available Control Technology (RACT) for gasoline dispensing
facilities, bulk gasoline terminals, and bulk gasoline plants. The SIP
revision approved on April 22, 1998 also included definitions in
Section 5-101, Definitions that were associated with the VOC RACT
rules.
On January 26, 2015, Vermont submitted a SIP revision consisting of
its revised APCR Sections 5-101, 5-253.2, 5-253.3, and 5-253.5. This
SIP revision includes regulatory amendments that clarify Stage I vapor
recovery requirements, simplify definitions relating to gasoline
storage and distribution at gasoline terminals and bulk gasoline
plants, improve the consistency of the Vermont APCRs with federal
requirements for GDFs, and help to ensure that VOC emission reductions
achieved by existing Stage I vapor recovery systems are maintained.
Vermont's January 26, 2015 SIP revision included the amended APCR
Section 5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities, which was revised to clarify requirements in the existing
Stage I vapor recovery regulation. Amongst other clarifying revisions
in Vermont's APCR Section 5-253.5, the Stage I vapor recovery
regulation was: Revised to ensure awareness that GDFs must also comply
with the federal regulations for GDFs, EPA's National Emissions
Standards for Hazardous Air Pollutants (NESHAP) for Source Category:
Gasoline Dispensing Facilities, 40 CFR part 63, subpart CCCCCC; revised
to include definitions for ``dual-point vapor Stage I vapor recovery
system,'' ``monthly gasoline throughput,'' and ``startup''; and revised
to include a compliance schedule for the installation of dual-point
Stage I vapor recovery systems for those GDFs not already so equipped.
In addition, the amended APCRs in Vermont's January 26, 2015 SIP
revision were revised as follows: The amended APCR Section 5-101,
Definitions, includes revised definitions for ``bulk gasoline
terminal'' and ``vapor balance system''; the amended APCR Section 5-
253.2, Bulk Gasoline Terminals, adds a reference to a ``vapor control
system'' in addition to the previous wording, which only referred to
``vapor collection system,'' thus clarifying that the gasoline vapors
displaced from gasoline tank trucks during loading must be collected
and controlled, and that the emission limits from such vapors apply to
both the collection and control systems; and the amended APCR Section
5-253.3, Bulk Gasoline Plants, was revised for clarity as a result of
the revised APCR 5-101 definition of ``vapor balance system.''
III. EPA's Evaluation of Vermont's SIP Revision
EPA has reviewed Vermont's revised APCRs Sections 5-101, 5-253.2,
5-253.3, and 5-253.5, and has concluded that Vermont's January 26, 2015
SIP revision is approvable. Specifically, Vermont's revised regulations
continue to be consistent with EPA's CTGs and meet RACT for the
relevant emission source categories.
In addition, Vermont's revised APCRs included in the January 26,
2015 SIP revision are more stringent than the previously approved
versions of the rules, thus meeting the CAA section 110(l) anti-
backsliding requirements. EPA's most recent approval of APCR Sections
5-253.2 and 5-253.5 was on April 22, 1998 (see 63 FR 19825), Section 5-
253.3 was on July 19, 2011 (see 76 FR 42560), and Section 5-101 was on
October 5, 2012 (see 77 FR 60907). Vermont's revised APCRs submitted
with their January 26, 2015 SIP revision are more stringent by
incorporating the requirement for GDFs to meet the federal NESHAP and
by clarifying that Stage I requirements apply to vapor control systems
as well as vapor collection systems. Furthermore, the defined terms and
clarifications added to the Vermont APCRs ensure that all entities
subject to the regulations clearly understand the applicable
requirements.
Finally, we note that in certain instances the regulations we are
approving authorize a Vermont ``Air Pollution Control Officer'' to make
certain determinations or to require specific actions. In approving
such provisions, although EPA's authority regarding such determinations
or actions is not expressly referenced in the regulatory text, EPA does
not intend, and could not intend as a matter of law, to preclude EPA
from exercising any legal authority EPA may have under the Clean Air
Act and its implementing regulations. The regulatory language at
Vermont APCR Section 5-253.5(c)(3), relating to determinations
regarding whether a facility is being operated and maintained in a
manner consistent with safety and good engineering practices for
minimizing emissions, is one example of such a provision. Although the
provision does not reference EPA's legal authority, the provision would
not, and could not, function as a legal matter to preclude EPA from
exercising any relevant authority it may have under the Clean Air Act
or its implementing regulations.
[[Page 23166]]
IV. Final Action
EPA is approving, and incorporating into the Vermont SIP, Vermont's
revised APCRs Section 5-101, Definitions; Section 5-253.2, Bulk
Gasoline Terminals; Section 5-253.3, Bulk Gasoline Plants; and Section
5-253.5, Stage I Vapor Recovery Controls at Gasoline Dispensing
Facilities. EPA is approving Vermont's January 26, 2015 SIP revision
because it meets all applicable requirements of the CAA and EPA
guidance.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective June
20, 2016 without further notice unless the Agency receives relevant
adverse comments by May 20, 2016.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 20, 2016 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Vermont's
APCRs described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents generally
available electronically through https://www.regulations.gov.
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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 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 an 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 20, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
[[Page 23167]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. In Sec. 52.2370, the table in paragraph (c) is amended by revising
entries for Sections 5-101, 5-253.2, 5-253.3, and 5-253.5 to read as
follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 5-101.................. Definitions......... 12/29/14 April 20, 2016 Revised definitions
[Insert Federal for ``bulk
Register citation]. gasoline
terminal'' and
``vapor balance
system.''.
* * * * * * *
Section 5-253.2................ Bulk Gasoline 12/29/14 April 20, 2016
Terminals. [Insert Federal
Register citation].
Section 5-253.3................ Bulk Gasoline Plants 12/29/14 April 20, 2016
[Insert Federal
Register citation].
* * * * * * *
Section 5-253.5................ Stage I Vapor 12/29/14 April 20, 2016
Recovery Controls [Insert Federal
at Gasoline Register citation].
Dispensing
Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-09068 Filed 4-19-16; 8:45 am]
BILLING CODE 6560-50-P
