Air Plan Approval; District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements, 24389-24392 [2024-07349]
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
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Department of Homeland Security Delegation
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[FR Doc. 2024–07369 Filed 4–5–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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[EPA–R03–OAR–2022–0790; FRL–9915–02–
R3]
Air Plan Approval; District of
Columbia; Removal of Stage II
Gasoline Vapor Recovery Program
Requirements
Environmental Protection
Agency (EPA).
AGENCY:
15:53 Apr 05, 2024
Final rule.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the District of Columbia.
This SIP revision removes requirements
for gasoline vapor recovery systems
(VRS) installed on gasoline dispensers,
the purpose of which are to capture
emissions from vehicle refueling
operations, otherwise known as
vacuum-assist Stage II vapor recovery.
Specifically, this action would remove
from the approved SIP the priorapproved Stage II requirements
applicable to new and existing gasoline
dispensing facilities (GDFs). The District
of Columbia SIP revision includes a
demonstration that removal of Stage II
requirements is consistent with the
Clean Air Act (CAA) and meets all
relevant EPA guidance.
DATES: This final rule is effective on
May 8, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2022–0790. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Adam Lewis, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia, PA
19103. The telephone number is (215)
814–2026. Mr. Adam Lewis can also be
reached via electronic mail at
Lewis.Adam@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
40 CFR Part 52
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ACTION:
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On January 10, 2024 (89 FR 1479),
EPA published a notice of proposed
rulemaking (NPRM) for the District of
Columbia (the District). In the NPRM,
EPA proposed approval of the District’s
request to revise its requirements for
Stage II vapor recovery for new and
existing GDFs located within the
District. The formal SIP revision was
submitted by the Department of Energy
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24389
and Environment (DOEE) of the District
of Columbia on May 18, 2022.
II. Summary of SIP Revision and EPA
Analysis
The details of the District’s May 18,
2022, SIP submittal and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated in
this final rule. For this detailed
information, the reader is referred to the
EPA’s January 10, 2024, proposed
rulemaking (89 FR 1479). The NPRM
also contained a detailed analysis
showing that the District’s removal of
the Stage II requirements would not
interfere with any of the District’s
ability to attain or maintain any national
ambient air quality standard (NAAQS),
or any other applicable requirement of
the CAA. The public comment period
for the NPRM closed on February 9,
2024.
III. EPA’s Response to Comments
Received
EPA received two comments from
private citizen commentors which can
be found in the docket. Both comments,
which were adverse, are discussed
below.
Comments: Both private citizen
commenters disagree with the proposed
approval to allow the District to remove
from the currently approved SIP the
prior-approved Stage II requirements
applicable to new and existing GDFs.
The commentors’ similarly stated reason
for disagreeing with the proposed
approval is that the removal of Stage II
VRS may be cost effective but would
lead to poorer air quality and adversely
impact public health. One commenter
asserted that the ‘‘proposal states that
this removal of requirements is
necessary due to conflicts with other
systems, but did not explicitly explain
how these other systems will be
regulated to make up for it.’’ 1
Response: Both commenters
misunderstand the latest science that
EPA has relied on in its decision. Based
on DOEE’s analysis, on-board refueling
vapor recovery (ORVR) alone is more
effective at reducing volatile organic
compound (VOC) emissions in the
District, than the use of ORVR in
conjunction with vacuum-assist Stage II
VRS. In other words, since the use of
ORVR alone (which is in widespread
use) in the District achieves more VOC
emissions control and reduction than
does using ORVR plus vacuum-assist
1 Comment On EPA–R03–OAR–2022–0790–0001
Air Quality State Implementation Plans; Approvals
and Promulgations: District of Columbia; Removal
of Stage II Gasoline Vapor Recovery Program
Requirements, www.regulations.gov/comment/EPAR03-OAR-2022-0790-0009.
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Stage II VRS, in removing the Stage II
VRS requirement there is no loss of
emissions control to be made up for.
Furthermore, EPA’s approval does not
consider the relative cost effectiveness
of ORVR versus Stage II VRS, but was
rather based in large part on the DOEE
study that showed that continued use of
the two incompatible systems would
lead to less reduction in VOC than the
use of ORVR alone.
Specifically, EPA acknowledges that
one of the commenters referenced an
article,2 indicating that Stage II VRS was
an effective tool in reducing VOCs of the
time that article was published.
However, the article’s estimate of ‘‘81%
and 93% relative to a conventional
station’’ for the efficiency of Stage II
VRS is no longer accurate due to the
widespread adoption of ORVR
technology, which captures gasoline
vapor when gasoline-powered vehicles
are refueled. EPA adopted the ORVR
regulations for passenger vehicles in
1994, and new passenger cars built in
model year 1998 and later were required
to be equipped with ORVR systems,
followed by model year 2001 and later
light-duty trucks. ORVR equipment has
been installed on nearly all new
gasoline-powered light-duty cars, lightduty trucks, and heavy-duty vehicles
manufactured since 2006. ORVR
systems have been considered to be in
widespread use since 2012 (see the
proposed approval for a full discussion
of the 2012 widespread use finding). Per
the 2012 EPA guidance on removing
Stage II VRS, the in-use control
efficiency for ORVR systems is
estimated to be 98%.3
The DOEE analysis discussed in the
proposed approval demonstrates that
within the District the continued
operation of the vacuum-assist Stage II
VRS when coupled with the prevalence
of ORVR-equipped vehicles results in
increased, not decreased, VOC
emissions, due to the incompatibility
between the vacuum-assist type Stage II
VRS equipment and ORVR. The DOEE
analysis further demonstrates that
allowing the decommissioning of Stage
II VRS equipment on or after January 1,
2022, will result in additional emissions
decreases, especially when combined
with the increasing prevalence of
ORVR-equipped vehicles. The
2 David L. MacIntosh, Dee A. Hull, Howard S.
Brightman, Yukio Yanagisawa, P. Barry Ryan, A
method for determining in-use efficiency of stage II
vapor recovery systems, Environment International,
Volume 20, Issue 2, 1994, Pages 201–207, ISSN
0160–4120, doi.org/10.1016/0160-4120(94)90137-6.
3 EPA Guidance on Removing Stage II Gasoline
Vapor Control Programs from State Implementation
Plans and Assessing Comparable Measures (August
7, 2012).
VerDate Sep<11>2014
15:53 Apr 05, 2024
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associated costs or cost effectiveness of
either retaining or decommissioning
existing Stage II VRS was not a factor in
EPA’s proposed approval.
As indicated in the NPRM, EPA
ensured that: (1) in accordance with
CAA section 110(l)’s non-interference
requirement, this SIP revision
demonstrated that the proposed action
would not interfere with attainment of
the NAAQS or reasonable further
progress towards attainment of any
NAAQS; (2) in accordance with CAA
section 184(b)(2)’s ‘‘comparable
measures’’ requirement, that this SIP
revision would achieve comparable or
greater emission reductions than the
gasoline vapor recovery requirements
contained in CAA section 182(b)(3); and
(3) that this SIP revision satisfies the
anti-backsliding requirements of CAA
section 193. EPA also found that in its
submittal, DOEE demonstrated that
there is widespread use of ORVR
systems throughout the motor vehicle
fleet in the District, and that
implementation of the rule in the
proposed SIP revision would comply
with CAA sections 110(l), 184(b)(2), and
193. The submittal sufficiently
demonstrates that the District followed
current EPA guidance and demonstrated
that the removal of Stage II VRS will not
interfere with any requirements
concerning attainment or reasonable
progress of any NAAQS, or any other
applicable requirement of the CAA.
IV. Final Action
EPA is approving the District’s May
18, 2022, SIP revision that incorporates
revisions to Title 20 of the District of
Columbia Municipal Regulations
(DCMR) Chapter 7 Section 705 Stage II
Vapor Recovery, with an effective date
of April 8, 2022. The approved changes
to Section 705 Stage II Vapor Recovery
consist of revisions to subsections 705.1
through 705.14 as well as the addition
of subsections 705.15 through 705.17.
EPA is approving this SIP revision
because it meets all applicable
requirements of the Clean Air Act and
EPA guidance, and it will not interfere
with attainment or maintenance of the
ozone NAAQS or any other CAA
applicable requirement.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of District of Columbia’s
revised Title 20 DCMR Chapter 7
Section 705 Stage II Vapor Recovery
regulation described in 40 CFR part 52
as described in Sections I, II and IV. of
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this preamble. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.4
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive 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); and
4 62
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FR 27968 (May 22, 1997).
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• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The DOEE did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral to positive impact on
the air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 7, 2024. 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. This action to remove Stage II
requirements for the District of
Columbia may not be challenged later in
proceedings to enforce its requirements.
(See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart J—District of Columbia
2. Amend § 52.470, paragraph (c) by:
a. Revising the entries ‘‘Section 705.1
through 705.3’’ and ‘‘Section 705.4
through 705.14’’; and
■ b. Adding the entry ‘‘Section 705.15
through 705.17’’ immediately after the
entry ‘‘Section 705.4 through 705.14’’.
The revisions and addition read as
follows:
■
■
§ 52.470
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
State citation
*
State
effective
date
Title/subject
*
*
*
Chapter 7
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EPA approval date
Additional explanation
*
*
Stage II Vapor Recovery.
Section 705.4 through
705.14.
Stage II Vapor Recovery.
04/08/2022
04/08/2024, [Insert Federal
Register citation].
Section 705.15
through 705.17.
Stage II Vapor Recovery.
04/08/2022
04/08/2024, [Insert Federal
Register citation].
15:53 Apr 05, 2024
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*
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*
Volatile Organic Compounds
*
Section 705.1 through
705.3.
VerDate Sep<11>2014
*
*
*
04/08/2024, [Insert Federal
Register citation].
Fmt 4700
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*
*
Includes revisions removing requirements for
gasoline vapor recovery systems installed on
gasoline dispensers.
Includes revisions removing requirements for
gasoline vapor recovery systems installed on
gasoline dispensers.
Includes additions removing requirements for
gasoline vapor recovery systems installed on
gasoline dispensers.
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EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP—Continued
State citation
*
*
*
*
*
State
effective
date
Title/subject
*
EPA approval date
*
*
Additional explanation
*
*
*
[FR Doc. 2024–07349 Filed 4–5–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Rules and Regulations]
[Pages 24389-24392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07349]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0790; FRL-9915-02-R3]
Air Plan Approval; District of Columbia; Removal of Stage II
Gasoline Vapor Recovery Program Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the District of
Columbia. This SIP revision removes requirements for gasoline vapor
recovery systems (VRS) installed on gasoline dispensers, the purpose of
which are to capture emissions from vehicle refueling operations,
otherwise known as vacuum-assist Stage II vapor recovery. Specifically,
this action would remove from the approved SIP the prior-approved Stage
II requirements applicable to new and existing gasoline dispensing
facilities (GDFs). The District of Columbia SIP revision includes a
demonstration that removal of Stage II requirements is consistent with
the Clean Air Act (CAA) and meets all relevant EPA guidance.
DATES: This final rule is effective on May 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0790. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Adam Lewis, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, PA
19103. The telephone number is (215) 814-2026. Mr. Adam Lewis can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 10, 2024 (89 FR 1479), EPA published a notice of
proposed rulemaking (NPRM) for the District of Columbia (the District).
In the NPRM, EPA proposed approval of the District's request to revise
its requirements for Stage II vapor recovery for new and existing GDFs
located within the District. The formal SIP revision was submitted by
the Department of Energy and Environment (DOEE) of the District of
Columbia on May 18, 2022.
II. Summary of SIP Revision and EPA Analysis
The details of the District's May 18, 2022, SIP submittal and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated in this final rule. For this detailed information, the
reader is referred to the EPA's January 10, 2024, proposed rulemaking
(89 FR 1479). The NPRM also contained a detailed analysis showing that
the District's removal of the Stage II requirements would not interfere
with any of the District's ability to attain or maintain any national
ambient air quality standard (NAAQS), or any other applicable
requirement of the CAA. The public comment period for the NPRM closed
on February 9, 2024.
III. EPA's Response to Comments Received
EPA received two comments from private citizen commentors which can
be found in the docket. Both comments, which were adverse, are
discussed below.
Comments: Both private citizen commenters disagree with the
proposed approval to allow the District to remove from the currently
approved SIP the prior-approved Stage II requirements applicable to new
and existing GDFs. The commentors' similarly stated reason for
disagreeing with the proposed approval is that the removal of Stage II
VRS may be cost effective but would lead to poorer air quality and
adversely impact public health. One commenter asserted that the
``proposal states that this removal of requirements is necessary due to
conflicts with other systems, but did not explicitly explain how these
other systems will be regulated to make up for it.'' \1\
---------------------------------------------------------------------------
\1\ Comment On EPA-R03-OAR-2022-0790-0001 Air Quality State
Implementation Plans; Approvals and Promulgations: District of
Columbia; Removal of Stage II Gasoline Vapor Recovery Program
Requirements, www.regulations.gov/comment/EPA-R03-OAR-2022-0790-0009.
---------------------------------------------------------------------------
Response: Both commenters misunderstand the latest science that EPA
has relied on in its decision. Based on DOEE's analysis, on-board
refueling vapor recovery (ORVR) alone is more effective at reducing
volatile organic compound (VOC) emissions in the District, than the use
of ORVR in conjunction with vacuum-assist Stage II VRS. In other words,
since the use of ORVR alone (which is in widespread use) in the
District achieves more VOC emissions control and reduction than does
using ORVR plus vacuum-assist
[[Page 24390]]
Stage II VRS, in removing the Stage II VRS requirement there is no loss
of emissions control to be made up for. Furthermore, EPA's approval
does not consider the relative cost effectiveness of ORVR versus Stage
II VRS, but was rather based in large part on the DOEE study that
showed that continued use of the two incompatible systems would lead to
less reduction in VOC than the use of ORVR alone.
Specifically, EPA acknowledges that one of the commenters
referenced an article,\2\ indicating that Stage II VRS was an effective
tool in reducing VOCs of the time that article was published. However,
the article's estimate of ``81% and 93% relative to a conventional
station'' for the efficiency of Stage II VRS is no longer accurate due
to the widespread adoption of ORVR technology, which captures gasoline
vapor when gasoline-powered vehicles are refueled. EPA adopted the ORVR
regulations for passenger vehicles in 1994, and new passenger cars
built in model year 1998 and later were required to be equipped with
ORVR systems, followed by model year 2001 and later light-duty trucks.
ORVR equipment has been installed on nearly all new gasoline-powered
light-duty cars, light-duty trucks, and heavy-duty vehicles
manufactured since 2006. ORVR systems have been considered to be in
widespread use since 2012 (see the proposed approval for a full
discussion of the 2012 widespread use finding). Per the 2012 EPA
guidance on removing Stage II VRS, the in-use control efficiency for
ORVR systems is estimated to be 98%.\3\
---------------------------------------------------------------------------
\2\ David L. MacIntosh, Dee A. Hull, Howard S. Brightman, Yukio
Yanagisawa, P. Barry Ryan, A method for determining in-use
efficiency of stage II vapor recovery systems, Environment
International, Volume 20, Issue 2, 1994, Pages 201-207, ISSN 0160-
4120, doi.org/10.1016/0160-4120(94)90137-6.
\3\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures (August 7, 2012).
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The DOEE analysis discussed in the proposed approval demonstrates
that within the District the continued operation of the vacuum-assist
Stage II VRS when coupled with the prevalence of ORVR-equipped vehicles
results in increased, not decreased, VOC emissions, due to the
incompatibility between the vacuum-assist type Stage II VRS equipment
and ORVR. The DOEE analysis further demonstrates that allowing the
decommissioning of Stage II VRS equipment on or after January 1, 2022,
will result in additional emissions decreases, especially when combined
with the increasing prevalence of ORVR-equipped vehicles. The
associated costs or cost effectiveness of either retaining or
decommissioning existing Stage II VRS was not a factor in EPA's
proposed approval.
As indicated in the NPRM, EPA ensured that: (1) in accordance with
CAA section 110(l)'s non-interference requirement, this SIP revision
demonstrated that the proposed action would not interfere with
attainment of the NAAQS or reasonable further progress towards
attainment of any NAAQS; (2) in accordance with CAA section 184(b)(2)'s
``comparable measures'' requirement, that this SIP revision would
achieve comparable or greater emission reductions than the gasoline
vapor recovery requirements contained in CAA section 182(b)(3); and (3)
that this SIP revision satisfies the anti-backsliding requirements of
CAA section 193. EPA also found that in its submittal, DOEE
demonstrated that there is widespread use of ORVR systems throughout
the motor vehicle fleet in the District, and that implementation of the
rule in the proposed SIP revision would comply with CAA sections
110(l), 184(b)(2), and 193. The submittal sufficiently demonstrates
that the District followed current EPA guidance and demonstrated that
the removal of Stage II VRS will not interfere with any requirements
concerning attainment or reasonable progress of any NAAQS, or any other
applicable requirement of the CAA.
IV. Final Action
EPA is approving the District's May 18, 2022, SIP revision that
incorporates revisions to Title 20 of the District of Columbia
Municipal Regulations (DCMR) Chapter 7 Section 705 Stage II Vapor
Recovery, with an effective date of April 8, 2022. The approved changes
to Section 705 Stage II Vapor Recovery consist of revisions to
subsections 705.1 through 705.14 as well as the addition of subsections
705.15 through 705.17. EPA is approving this SIP revision because it
meets all applicable requirements of the Clean Air Act and EPA
guidance, and it will not interfere with attainment or maintenance of
the ozone NAAQS or any other CAA applicable requirement.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of District of
Columbia's revised Title 20 DCMR Chapter 7 Section 705 Stage II Vapor
Recovery regulation described in 40 CFR part 52 as described in
Sections I, II and IV. of this preamble. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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); and
[[Page 24391]]
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;
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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The DOEE did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 7, 2024. 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. This action to remove Stage II requirements for the District of
Columbia may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
0
2. Amend Sec. 52.470, paragraph (c) by:
0
a. Revising the entries ``Section 705.1 through 705.3'' and ``Section
705.4 through 705.14''; and
0
b. Adding the entry ``Section 705.15 through 705.17'' immediately after
the entry ``Section 705.4 through 705.14''.
The revisions and addition read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 7 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 705.1 through 705.3...... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes revisions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
Section 705.4 through 705.14..... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes revisions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
Section 705.15 through 705.17.... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes additions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
[[Page 24392]]
* * * * * * *
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* * * * *
[FR Doc. 2024-07349 Filed 4-5-24; 8:45 am]
BILLING CODE 6560-50-P
