Air Plan Approval; Vermont; Stage I Vapor Recovery Requirements |
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H. Curtis Spalding
Environmental Protection Agency
20 April 2016
[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.
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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 http://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 http://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 http://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
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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
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State
State citation Title/subject effective EPA approval date Explanations
date
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* * * * * * *
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.
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[FR Doc. 2016-09068 Filed 4-19-16; 8:45 am]
BILLING CODE 6560-50-P