Air Plan Approval; Ohio; Removal of Stage II Gasoline Vapor Recovery Requirements |
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Robert Kaplan
Environmental Protection Agency
30 June 2016
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42597-42600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15617]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0522; FRL-9948-51-Region 5]
Air Plan Approval; Ohio; Removal of Stage II Gasoline Vapor
Recovery Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Ohio Environmental Protection Agency (Ohio EPA) on July 15, 2015 and
February 29, 2016, concerning the state's Stage II vapor recovery
(Stage II) program for the Cleveland, Cincinnati, and Dayton ozone
areas in Ohio. The revision removes Stage II requirements for the three
areas as a component of the Ohio ozone SIP. The submittal also includes
a demonstration as required by the Clean Air Act (CAA) that addresses
emissions impacts associated with the removal of the program.
DATES: Comments must be received on or before August 1, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0522 at http://www.regulations.gov, or via email to
persoon.carolyn@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, 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. 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: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. Background
II. What changes have been made to the Ohio Stage II vapor
recovery program?
III. What is EPA's analysis of the state's submittal?
IV. What action is EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
Stage II and onboard refueling vapor recovery systems (ORVR) are
two types of emission control systems that capture fuel vapors from
vehicle gas tanks during refueling. Stage II systems are specifically
installed at gasoline dispensing facilities (GDF) and capture the
refueling fuel vapors at the gasoline pump nozzle. The system carries
the vapors back to the underground storage tank at the GDF to prevent
the vapors from escaping to the atmosphere. ORVR systems are carbon
canisters installed directly on automobiles to capture the fuel vapors
evacuated from the gasoline tank before they reach the nozzle. The fuel
vapors captured in the carbon canisters are then combusted in the
engine when the automobile is in operation. Stage II and vehicle ORVR
were initially both required by the 1990 Amendments to the CAA under
sections 182(b)(3) and 202(a)(6), respectively. In some areas Stage II
has been in place for over 25 years, but Stage II was not widely
implemented by the states until the early to mid-1990s as a result of
the CAA requirements for moderate, serious, severe, and extreme ozone
nonattainment areas, and for states in the Northeast Ozone Transport
Region (OTR) under CAA section 184(b)(2).
CAA section 202(a)(6) required EPA to promulgate regulations for
ORVR for light-duty vehicles (passenger cars). EPA adopted these
requirements in 1994, at which point moderate ozone nonattainment areas
were no longer subject to the section 182(b)(3) Stage II requirement.
However, some moderate areas retained Stage II requirements to provide
a control method to comply with rate-of-progress emission reduction
targets. ORVR equipment has been phased in for new passenger vehicles
beginning with model year 1998, and starting in 2001 for light-duty
trucks and most heavy-duty gasoline-powered vehicles. ORVR equipment
has been installed on nearly all new gasoline-powered light-duty
vehicles, light-duty trucks and heavy-duty vehicles since 2006.
During the phase-in of ORVR controls, Stage II has provided
volatile organic compound (VOC) reductions in ozone nonattainment areas
and certain attainment areas of the OTR. Congress recognized that ORVR
and Stage II would eventually become largely redundant technologies,
and provided authority to EPA to allow states to remove Stage II from
their SIPs after EPA finds that ORVR is in widespread use.
Effective May 16, 2012 (77 FR 28772), EPA determined that ORVR is
in widespread nationwide use for control of gasoline emissions during
refueling of vehicles at GDFs. Currently, more than 75 percent of
gasoline refueling nationwide occurs with ORVR-equipped vehicles, so
Stage II programs have become largely redundant control
[[Page 42598]]
systems and Stage II systems achieve an ever declining emissions
benefit as more ORVR-equipped vehicles continue to enter the on-road
motor vehicle fleet.\1\
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\1\ In areas where certain types of vacuum-assist Stage II
systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II systems result in the reduction of overall control system
efficiency compared to what could have been achieved relative to the
individual control efficiencies of either ORVR or Stage II emissions
from the vehicle fuel tank.
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EPA also exercised its authority under CAA section 202(a)(6) to
waive certain Federal statutory requirements for Stage II gasoline
vapor recovery at GDFs. This decision exempts all new ozone
nonattainment areas classified serious or above from the requirement to
adopt Stage II control programs. Similarly, any state currently
implementing Stage II programs may submit SIP revisions that, once
approved by EPA, would allow for the phase out of Stage II control
systems. To assist states in the development of SIP revisions to remove
Stage II requirements from their SIPs, EPA released its ``Guidance on
Removing Stage II Gasoline Vapor Control Programs from State
Implementation Plans and Assessing Comparable Measures'' (EPA-457/B-12-
001) on August 7, 2012.
II. What changes have been made to the Ohio Stage II vapor recovery
program?
The Ohio EPA originally submitted a SIP revision to EPA on June 7,
1993, to satisfy the requirement of section 182(b)(3) of the CAA. The
revision applied to the Cleveland (Ashtabula, Cuyahoga, Geauga, Lake,
Lorain, Medina, Portage and Summit counties), Cincinnati (Butler,
Clermont, Hamilton and Warren counties), and Dayton (Clark, Greene,
Miami and Montgomery counties) ozone nonattainment areas in Ohio. EPA
partially approved Ohio's Stage II program on October 20, 1994 (59 FR
52911), including the program's legal authority and administrative
requirements found in the Ohio Administrative Code (OAC) rules 3745-21-
09 (DDD)(1)-(4).
As a result of EPA's May 16, 2012 determination that ORVR is in
widespread nationwide use for control of gasoline emissions during
refueling of vehicles at GDFs, Ohio EPA initiated a rulemaking process
to revise its SIP to remove Stage II requirements for all facilities in
the Cleveland, Cincinnati and Dayton areas. As part of that rulemaking
process, an Ohio-specific analysis following EPA's recommended
methodology was also completed. The analysis concluded that, starting
in calendar year 2017, ORVR would be in widespread use in Ohio and that
there would be no remaining emissions reduction benefit from Stage II
requirements beyond the benefits from ORVR.
On July 15, 2015, and February 29, 2016, the Ohio EPA submitted a
SIP revision requesting EPA approval of amendments to OAC 3745-21-09
(DDD) that removes Stage II requirements from the Ohio ozone SIP and
allows GDFs currently implementing Stage II in the Cleveland,
Cincinnati and Dayton areas to decommission their systems by 2017. To
support the removal of the Stage II requirements, the revision included
amended copies of OAC 3745-21-09 (DDD), as adopted on April 29, 2013,
and January 17, 2014; a summary of Ohio-specific calculations based on
EPA guidance used to calculate program benefits and demonstrate
widespread use of ORVR in Ohio; and a section 110(l) demonstration that
includes documentation that addresses the period, 2013-2017, when Stage
II requirements were waived in Ohio but widespread use of ORVR has not
yet occurred.
III. What is EPA's analysis of the state's submittal?
EPA's primary consideration for determining the approvability of
Ohio's request is whether this requested action complies with section
110(l) of the CAA.\2\
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\2\ CAA section 193 is not relevant because Ohio's Stage II rule
was not included in the SIP before the 1990 CAA amendments.
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Section 110(l) requires that a revision to the SIP not interfere
with any applicable requirement concerning attainment and reasonable
further progress (as defined in section 171), or any other applicable
requirement of the Act. EPA evaluates each section 110(l)
noninterference demonstration on a case-by-case basis considering the
circumstances of each SIP revision. EPA interprets 110(l) as applying
to all national ambient air quality standards (NAAQS) that are in
effect, including those that have been promulgated but for which EPA
has not yet made designations. The degree of the analysis focused on
any particular NAAQS in a noninterference demonstration varies
depending on the nature of the emissions associated with the proposed
SIP revision.
In its July 15, 2015, and February 29, 2016, SIP revision, the Ohio
EPA used EPA's guidance to conduct a series of calculations to
determine the potential impact of removing the Stage II program on air
quality.\3\ Ohio EPA's analysis focused on VOC emissions because, as
mentioned previously, Stage II requirements affect VOC emissions and
because VOCs are a precursor for ground-level ozone formation.\4\
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\3\ EPA, Guidance on Removing Stage II Gasoline Vapor Control
Program from State Implementation Plans and Assessing Comparable
Measure, EPA-457/B-12-001 (August 7, 2012), available at: http://www.epa.gov/groundlevelozone/pdfs/20120807guidance.pdf. This
guidance document notes that ``the potential emission control losses
from removing Stage II vapor recovery systems (VRS) are transitional
and relatively small. ORVR-equipped vehicles will continue to phase
in to the fleet over the coming years and will exceed 80 percent for
all highway gasoline vehicles and 85 percent of all gasoline
dispensed during 2015. As the number of these ORVE-equipped vehicles
increase, the control of attributed to Stage II VRS will decrease
even further, and the potential foregone Stage II VOC emission
reductions are generally expected to be no more than one percent of
the VOC inventory in the area.''
\4\ Cleveland is currently designated nonattainment for the 2012
Annual fine particulate matter (PM2.5) NAAQS. While VOC
is one of the precursors for PM2.5 formation, a study
(Journal of Environmental Engineering--Qualifying the sources of
ozone, fine particulate matter, and regional haze in the
Southeastern United States, June 24, 2009, available at: http://www.journals.elsevier.com/journal-ofenvironmental-management)
indicates that in portions the Midwest (including portions of Ohio)
where Stage II has been implemented, emissions of PM2.5
and the precursor sulfur dioxide (SO2) are more
significant to ambient PM2.5 concentrations than nitrogen
oxides (NOx) and VOC. Specifically, PM2.5 sensitivities
to anthropogenic VOC emissions are near zero for the entire region,
including the Cincinnati region. This study also indicated that the
impact of SO2 emission, especially from electric
generating units, was most significant in the Cincinnati area due to
SO2 emissions in the entire mid-west region (Wisconsin,
Illinois, Indiana, Michigan, and Ohio). In fact, emissions from the
mid-west had the largest effect in the Cleveland and Dayton areas.
The technical analysis has met EPA's guidance and demonstrates
anthropogenic VOCs are insignificant to the formation of
PM2.5 in these areas. Currently, the Cleveland area is
also designated nonattainment for sulfur dioxide (Lake Co.) and lead
(Cuyahoga Co.) and those pollutants are not affected by the removal
of Stage II requirements.
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Ohio EPA has calculated that beginning in 2017, ORVR will be in
widespread use in all three program areas and the absence of the Ohio
Stage II program starting in 2017 would not result in a net VOC
emissions increase compared to the continued utilization of this
emissions control technology. The emission reduction losses resulting
from removing Stage II before 2017 are transitional and relatively
small since ORVR-equipped vehicles will continue to phase into the
fleet over the coming years. Ohio EPA's calculation indicates a maximum
potential loss of 1.858 tons per summer day (tpsd) in Cleveland, 0.914
tpsd in Cincinnati, and 0.655 tpsd in Dayton from 2013 through 2016. In
2013, the year with the highest level of emission increases, these
summer day emissions increases are only 0.21 percent to 0.26 percent of
the typical summer day VOC emissions rate in the three areas. These
emissions increases
[[Page 42599]]
are insignificant with respect to the total summer day VOC emission
rates of all sectors in these areas. Also it is important to note that
the minimal emissions increase significantly decreases over the next
two years (2014 and 2015) and becomes an emissions decrease in 2017 and
all years thereafter.
To help offset the initial emissions increases during the Stage II
phase out period, Ohio EPA is requiring the installation of low
permeation hoses at GDFs. Ohio EPA has calculated that low permeation
hoses will provide 42.9 tons of VOC emission reductions each year
during the ozone seasons (21.4 tons for Cleveland area, 13.6 tons for
Cincinnati area, and 7.9 for Dayton area) starting in 2013. Table 1
shows the increase of emissions associated with the phase out of State
II systems at facilities in all program areas in Ohio starting in 2013,
as well as offset emissions associated with the requirement of low
permeation hoses at GDFs.
Table 1--VOC Emissions During Ozone Season
[Tons per day]
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2013 2014 2015 2016 2017
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Cleveland Area
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Stage II Phase-out.............. 0.910 0.580 0.300 0.068 -0.116
Low Permeation Hoses............ -0.14 -0.14 -0.14 -0.14 -0.14
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Daily Total..................... 0.77 0.44 0.16 -0.072 -0.26
Typical Summer Day.............. 367.17 367.17 367.17 367.17 367.17
% of Summer Day................. 0.21% 0.12% 0.043% -0.019% -0.26%
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Cincinnati Area
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Stage II Phase-out.............. 0.440 0.284 0.151 0.039 -0.053
Low Permeation Hoses............ -0.089 -0.089 -0.089 -0.089 -0.089
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Daily Total..................... 0.35 0.20 0.062 -0.050 -0.14
Typical Summer Day.............. 147.05 147.05 147.05 147.05 147.05
% of Summer Day................. 0.24% 0.13% 0.042% -0.034% -0.096%
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Dayton Area
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2013............................ 2014 2015 2016 2017
Stage II Phase-out.............. 0.310 0.201 0.110 0.034 -0.027
Low Permeation Hoses............ -0.052 -0.052 -0.052 -0.052 -0.052
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Daily Total..................... 0.26 0.15 0.058 -0.018 -0.079
Typical Summer Day.............. 99.66 99.66 99.66 99.66 99.66
% of Summer Day................. 0.26% 0.15% 0.058% -0.018% -0.079%
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As illustrated in Table 1, and documented in Ohio's SIP revision,
for each year prior to the widespread use of ORVR in Ohio (2017)
starting in 2013, the VOC emissions increase associated with the
removal of Stage II systems is eventually offset by the VOC emission
reductions attributed to ORVR being in widespread use in Ohio and the
requirement of low permeation hoses at GDFs.
EPA believes that the removal of the Ohio Stage II program does not
interfere with Ohio's ability to demonstrate compliance with the 8-hour
ozone NAAQS in all three areas. This is based on the use of permanent,
enforceable, contemporaneous, surplus emissions reductions achieved
through the requirement of low permeation hoses at GDFs, and the fact
that the small emissions increase is both temporary and insignificant
with respect to the total summer day emission rates for sectors in
these areas.
EPA also examined whether the removal of Stage II program
requirements in all three areas will interfere with attainment of other
air quality standards. All the counties in the Dayton area are
designated attainment for all standards, including sulfur dioxide and
nitrogen dioxide. Cincinnati is designated attainment for all standards
other than ozone and sulfur dioxide. The Cleveland area is designated
attainment for all standards other than ozone, lead (Cuyahoga Co.),
sulfur dioxide (Lake Co.) and particulate matter (Cuyahoga and Lorain
Counties). Based on Ohio EPA's 110(l) analysis, EPA has no reason to
believe that the removal of the Stage II program in Ohio will cause the
areas to become nonattainment for any of these pollutants. In addition,
EPA believes that removing the Stage II program requirements in Ohio
will not interfere with the areas' ability to meet any other CAA
requirement.
Based on the above discussion and the state's section 110(l)
demonstration, EPA believes that removal of the Stage II program would
not interfere with attainment or maintenance of any of the NAAQS in the
Cleveland, Cincinnati, and Dayton areas and would not interfere with
any other applicable requirement of the CAA, and thus, are approvable
under CAA section 110(l).
IV. What action is EPA proposing to take?
EPA is proposing to approve the revision to the Ohio ozone SIP
submitted by Ohio EPA on July 15, 2015, and February 26, 2016, because
we find that the revision meets all applicable requirements and it
would not interfere with reasonable further progress or attainment of
any of the NAAQS.
V. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Ohio rule 3745-21-09 ``Control of emissions of volatile
organic
[[Page 42600]]
compounds from stationary sources and perchloroethylene from dry
cleaning facilities.'' effective January 17, 2014. EPA has made, and
will continue to make, these documents generally available through
www.regulations.gov and/or at the EPA Region 5 Office (please contact
the person identified in the ``For Further Information Contact''
section of this preamble for more information).
VI. Statutory and Executive Order Reviews
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);
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 CAA; 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: June 27, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-15617 Filed 6-29-16; 8:45 am]
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