Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery Systems |
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Deborah A. Szaro
Environmental Protection Agency
10 April 2017
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Proposed Rules]
[Pages 17161-17166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07147]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0654; FRL-9961-01-Region 1]
Air Plan Approval; CT; Decommissioning of Stage II Vapor Recovery
Systems
AGENCY: Environmental Protection Agency.
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
State of Connecticut Department of Energy and Environmental Protection.
This revision includes regulatory amendments that
[[Page 17162]]
require gasoline dispensing facilities (GDFs) to decommission their
Stage II vapor recovery systems on or before July 1, 2015, and a
demonstration that such removal is consistent with the Clean Air Act
and EPA guidance. This revision also includes regulatory amendments
that strengthen Connecticut's requirements for Stage I vapor recovery
systems at GDFs. The intended effect of this action is to propose
approval of Connecticut's revised vapor recovery regulations. This
action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before May 10, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0654 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 Region 1 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 Connecticut's SIP Revision
III. EPA's Evaluation of Connecticut's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On September 14, 2015, the Connecticut Department of Energy and
Environmental Protection submitted a revision to its State
Implementation Plan (SIP). The SIP revision consists of Connecticut's
newly adopted section 22a-174-30a, Stage I Vapor Recovery, of the
Regulations of Connecticut State Agencies (RCSA) as well as the
following revised RCSA sections:
22a-174-3a, Permit to Construct and Operate Stationary
Sources, specifically 22a-174-3a(a);
22a-174-20, Control of Organic Compound Emissions,
specifically 22a-174-20(a), 22a-174-20(b)(1) through (b)(16), and 22a-
174-20(ee); and
22a-174-32, Reasonably Available Control Technology (RACT)
for Volatile Organic Compounds, specifically 22a-174-32(b).
In addition, this SIP revision also includes Public Act No. 13-120,
An Act Concerning Gasoline Vapor Recovery Systems. Connecticut Public
Act No. 13-120 revises section 22a-174e of the Connecticut General
Statutes (CGS). The regulations and statute require the decommissioning
of Stage II vapor recovery systems and strengthen Stage I vapor
recovery requirements. The SIP submittal also includes a demonstration
that removal of Stage II vapor recovery systems in Connecticut is
consistent with the Clean Air Act and EPA guidance. Finally, the SIP
revision includes the withdrawal of RCSA section 22a-174-30, Dispensing
of Gasoline/Stage I and Stage II Vapor Recovery, from the Connecticut
SIP.
Connecticut subsequently modified the September 14, 2015 SIP
revision via a letter dated January 20, 2017 wherein Connecticut
withdrew RCSA 22a-174-3a(a) from consideration as part of this SIP
revision.
Stage II and onboard refueling vapor recovery (ORVR) systems are
two types of emission control systems that capture fuel vapors from
vehicle gas tanks during refueling. Stage II vapor recovery systems are
installed at gasoline dispensing facilities and capture the refueling
fuel vapors at the gasoline pump. The system carries the vapors back to
the underground storage tank at the GDF to prevent the vapors from
escaping to the atmosphere. ORVR systems are carbon canisters installed
directly on automobiles to capture the fuel vapors evacuated from the
gasoline tank before they reach the nozzle. The fuel vapors captured in
the carbon canisters are then combusted in the engine when the
automobile is in operation.
Stage II vapor recovery systems and vehicle ORVR systems were
initially both required by the 1990 Amendments to the Clean Air Act
(CAA). Section 182(b)(3) of the CAA requires moderate and above ozone
nonattainment areas to implement Stage II vapor recovery programs.
Also, under CAA section 184(b)(2), states in the Ozone Transport Region
(OTR) are required to implement Stage II or comparable measures. CAA
section 202(a)(6) required EPA to promulgate regulations for ORVR for
light-duty vehicles (passenger cars). EPA adopted these requirements in
1994, at which point moderate ozone nonattainment areas were no longer
subject to the CAA section 182(b)(3) Stage II vapor recovery
requirements. ORVR equipment has been phased in for new passenger
vehicles beginning with model year 1998, and starting with model year
2001 for light-duty trucks and most heavy-duty gasoline powered
vehicles. ORVR equipment has been installed on nearly all new gasoline-
powered light-duty vehicles, light-duty trucks, and heavy-duty vehicles
since 2006.
During the phase-in of ORVR controls, Stage II has provided
volatile organic compound (VOC) reductions in ozone nonattainment areas
and certain attainment areas of the OTR. Congress recognized that ORVR
systems and Stage II vapor recovery systems would eventually become
largely redundant technologies, and provided authority to EPA to allow
states to remove Stage II vapor recovery programs from their SIPs after
EPA finds that ORVR is in ``widespread use.'' Effective May 16, 2012,
the date the final rule was published in the Federal Register (see 77
FR 28772), EPA determined that ORVR systems are in widespread use
nationwide for control of gasoline emissions during refueling of
vehicles at GDFs. As of the end of 2016, EPA estimates that more than
88 percent of gasoline refueling nationwide occurs with ORVR-equipped
vehicles.\1\ Thus, Stage II vapor recovery programs have become largely
redundant control systems and Stage II vapor recovery systems achieve
an ever declining emissions benefit as more ORVR-equipped vehicles
continue to enter the
[[Page 17163]]
on-road motor vehicle fleet.\2\ In the May 16, 2012 rulemaking, EPA
also exercised its authority under CAA section 202(a)(6) to waive
certain federal statutory requirements for Stage II vapor recovery
systems at GDFs. This decision exempts all new ozone nonattainment
areas classified serious or above from the requirement to adopt Stage
II vapor recovery programs. Finally, EPA's May 16, 2012 rulemaking also
noted that any state currently implementing Stage II vapor recovery
programs may submit SIP revisions that would allow for the phase-out of
Stage II vapor recovery systems.
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\1\ See Appendix Table A-1 of EPA's Guidance Document,
``Guidance on Removing Stage II Gasoline Vapor Control Programs from
State Implementation Plans and Assessing Comparable Measures'' (EPA-
457/B-12-001; August 7, 2012).
\2\ In areas where certain types of vacuum-assist Stage II vapor
recovery systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II vapor recovery systems result in the reduction of overall control
system efficiency compared to what could have been achieved relative
to the individual control efficiencies of either ORVR or Stage II
emissions from the vehicle fuel tank.
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Stage I vapor recovery systems are systems that capture vapors
displaced from storage tanks at GDFs during gasoline tank truck
deliveries. When gasoline is delivered into an aboveground or
underground storage tank, vapors that were taking up space in the
storage tank are displaced by the gasoline entering the storage tank.
The Stage I vapor recovery systems route these displaced vapors into
the delivery truck's tank. Some vapors are vented when the storage tank
exceeds a specified pressure threshold, however the Stage I vapor
recovery systems greatly reduce the possibility of these displaced
vapors being released into the atmosphere.
Stage I vapor recovery systems have been in place since the 1970s.
EPA has issued the following guidance regarding Stage I systems:
``Design Criteria for Stage I Vapor Control Systems--Gasoline Service
Stations'' (November 1975, EPA Online Publication 450R75102), which is
regarded as the control techniques guideline (CTG) for the control of
VOC emissions from this source category; and the EPA document ``Model
Volatile Organic Compound Rules for Reasonably Available Control
Technology'' (Staff Working Draft, June 1992) contains a model Stage I
regulation.
In more recent years, the California Air Resources Board (CARB) has
required Stage I vapor recovery systems capable of achieving vapor
control efficiencies higher than those achieved by traditional systems.
These systems are commonly referred to as Enhanced Vapor Recovery (EVR)
systems. One of the essential components of these CARB Stage I EVR
systems are CARB EVR Pressure/Vacuum (P/V) vent valves. These valves
are manufactured of better quality materials and construction, when
compared to non-CARB EVR P/V vent valves, and are thus expected to
reduce P/V vent valve failures and decrease emissions.
II. Summary of Connecticut's SIP Revision
The Connecticut Stage II vapor recovery program requirements,
codified in RCSA section 22a-174-30, Dispensing of Gasoline/Stage I and
Stage II Vapor Recovery, were initially approved into the Connecticut
SIP on December 17, 1993 (58 FR 65930). Connecticut's rule required
GDFs throughout the state to install Stage II vapor recovery systems.
On August 31, 2006 (71 FR 51761), EPA approved a revised version of
RCSA section 22a-174-30, into the Connecticut SIP, which added new
requirements for GDFs to install P/V vent valves.
On September 14, 2015, Connecticut submitted a SIP revision
consisting of its request to withdraw RCSA section 22a-174-30 from the
SIP, and add RCSA section 22a-174-30a to the Connecticut SIP.
Connecticut's request to withdraw RCSA section 22a-174-30 from the SIP
stems from the State's repeal of this regulation as of July 1, 2015.
This SIP revision also includes revisions to RCSA sections 22a-174-
20(a), 22a-174-20(b)(1) through (b)(16), 22a-174-20(ee), and 22-174-
32(b), as well as the addition of Connecticut Public Act No. 13-120.
This SIP revision includes regulatory amendments that prohibit all
GDFs from installing Stage II vapor recovery systems as of June 18,
2013, the effective date of Public Act No. 13-120 (i.e. the effective
date of the revised CGS section 22a-174e). The SIP revision also
includes legislative and regulatory amendments, via Public Act No. 13-
120, that require all GDFs equipped with Stage II vapor recovery
systems to decommission their Stage II vapor recovery systems on or
before July 1, 2015. Connecticut's regulations were then revised,
effective July 8, 2015, to remove the requirement for the installation
and operation of Stage II vapor recovery systems, while retaining the
Stage I vapor recovery requirements for GDFs, so that the regulations
conform to the requirements of Public Act No. 13-120. In addition,
Connecticut Public Act No. 13-120, as well as RCSA section 22a-174-30a,
increase the Stage I vapor control equipment testing frequency at GDFs
from a three-year interval to annual testing. RCSA section 22a-174-30a
also requires GDFs to install a CARB-approved EVR pressure/vacuum (P/V)
vent valve when any existing P/V vent valve is replaced. These latter
changes to Connecticut's Stage I vapor control regulations strengthened
the regulatory requirements.
Connecticut's RCSA subsections 22a-174-20(ee)(2) and 22a-174-
32(b)(3)(E)(ii) were revised to appropriately cite the newly adopted
RCSA section 22a-174-30a where reference was previously made to, the
now repealed, RCSA section 22a-174-30. Also, Connecticut's RCSA
subsection 22a-174-20(a)(7) was revised to clarify the requirements for
the external surfaces of aboveground storage tanks containing VOCs.
The Stage I vapor recovery requirements for GDFs contained in RCSA
subsections 22a-174-20(b)(6) through (b)(9), as well as those contained
in, the now repealed, RCSA section 22a-174-30, were consolidated and
moved into the new RCSA section 22a-174-30a. Connecticut's RCSA
subsections 22a-174-20(b)(10) through (b)(16), were revised to clarify
and strengthen the Connecticut Stage I vapor recovery program
requirements for fuel tank trucks.
Furthermore, the revised Stage I regulations require any GDF with a
monthly throughput of 10,000 gallons or more on or after July 1, 2015
to maintain Stage I systems that meet the same management practices
required by EPA's National Emissions Standards for Hazardous Air
Pollutants (NESHAP) for Source Category: Gasoline Dispensing
Facilities, 40 CFR part 63, subpart CCCCCC.
Connecticut's September 14, 2015 SIP revision also includes a
narrative demonstration supporting the discontinuation of the
Connecticut Stage II vapor recovery program. This demonstration
consists of an analysis that the Stage II vapor recovery controls
provide only de minimis emission reductions due to the prevalence of
ORVR-equipped vehicles in Connecticut in 2013. In fact, Connecticut's
September 14, 2015 submission explained that any VOC emissions increase
that may have occurred in 2013 or 2014 were too small to interfere with
attainment and reasonable further progress towards attainment of the
ozone NAAQS. Connecticut's submission also stated, and demonstrated,
that continuing a Stage II vapor recovery program from 2015 and beyond
would have resulted in an increase in refueling emissions due to excess
emissions from the incompatibility of ORVR and certain Stage II
systems.
[[Page 17164]]
III. EPA's Evaluation of Connecticut's SIP Revision
As noted above, Connecticut's September 14, 2015 SIP revision
includes the decommissioning of Stage II vapor recovery systems in the
State. EPA has reviewed Connecticut's repeal of RCSA section 22a-174-
30, Public Act No. 13-120, and the accompanying SIP narrative, and has
concluded that Connecticut's September 14, 2015 SIP revision is
consistent with EPA's widespread use rule (77 FR 28772; May 16, 2012)
and EPA's ``Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures'' (EPA-457/B-12-001; August 7, 2012), hereafter referred to as
EPA's Guidance Document.
Connecticut's September 14, 2015 SIP revision includes a CAA
section 184(b)(2) ``comparable measures'' demonstration and a CAA
section 110(l) anti-back sliding demonstration based on equations in
EPA's Guidance Document. According to these calculations, the potential
loss of refueling emission reductions from removing Stage II vapor
recovery systems in 2013 is 4.3 percent, thus meeting the 10 percent de
minimis recommendation in EPA's Guidance Document. The fact that the
Connecticut demonstration is based on 2013, while the regulation does
not require decommissioning of all Stage II systems until 2015,
represents a conservative estimate as the potential loss of emission
reductions decreases over time as more and more ORVR systems are
phased-in. Furthermore, Connecticut estimates that retaining Stage II
vapor recovery systems beyond 2015 would have resulted in an increase
in emissions \3\ due to the excess emissions generated by the refueling
of ORVR-equipped vehicles at the incompatible Stage II vapor recovery
systems found throughout Connecticut.
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\3\ See ``Table D-3: 2015 Stage II calculations'' in Appendix D
of Attachment A of Connecticut's September 14, 2015 SIP submittal.
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In addition, Connecticut's September 14, 2015 SIP revision also
includes calculations illustrating that the overall emissions effect of
removing the Stage II vapor recovery program would be an increase of
about 200 tons of VOC in 2013. EPA's 2011 National Emissions Inventory
database, Version 2, illustrates that Connecticut's statewide
anthropogenic VOC emissions were about 79,937 tons (see https://www.epa.gov/air-emissions-inventories/2011-national-emissions-inventory-nei-data). Therefore, the VOC emissions increase of 200 tons
per year calculated by Connecticut is only about 0.3 percent of the
total anthropogenic VOC emissions in Connecticut. Also, as noted above,
these foregone emissions reductions in the near term continue to
diminish rapidly over time as ORVR phase-in continues. Thus, EPA
believes that the resulting temporary increase in VOC emissions will
not interfere with attainment or maintenance of the ozone National
Ambient Air Quality Standards (NAAQS).
Furthermore, Appendix Table A-1 of EPA's Guidance Document
illustrates that by the end of 2012 about 71% of the vehicles in the
national motor vehicle fleet would have been equipped with ORVR.\4\ The
number of ORVR-equipped vehicles in Connecticut at that time was likely
even higher, however, due to Connecticut having a more accelerated
motor vehicle fleet turnover when compared to the national motor
vehicle fleet.\5\ Appendix Table A-1 of EPA's Guidance Document also
illustrates that by the end of 2012, about 78% of gasoline dispensed
nationally would have been to ORVR-equipped vehicles, which is also
likely to have been higher in Connecticut due to a newer motor vehicle
fleet.\6\ At that point in time, since a vast majority of Connecticut's
vehicles being refueled at GDFs would have been equipped with ORVR
systems, the ORVR systems would have been controlling the VOC
emissions, making Stage II vapor recovery systems a redundant, and
potentially incompatible, emissions control technology in Connecticut.
Therefore, removing the Stage II systems is not expected to result in a
significant emissions increase, and is actually expected to avoid
emissions increases that would have resulted from the incompatibility
of some Stage II systems with ORVR controls.
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\4\ Although Connecticut requires that all GDFs decommission
their Stage II vapor recovery systems on or before July 1, 2015,
GDFs could have begun decommissioning Stage II systems as of June
18, 2013 (the effective date of Public Act No. 13-120). An analysis
of the removal of Stage II controls by the end of 2012 is a
conservative calculation of the emission impacts of decommissioning
Stage II vapor recovery systems, due to future years having a
greater percentage of ORVR-equipped vehicles in the motor vehicle
fleet.
\5\ Final Report Analysis of Future Options For Connecticut's
Gasoline Dispensing Facility Vapor Control Program, de la Torre-
Klausmeier Consulting, Inc., June 4, 2012, includes an analysis
conducted using EPA's Motor Vehicle Emissions Simulator (MOVES)
model which illustrates that by the end of 2012, the fraction of
gasoline vehicles in Connecticut equipped with ORVR was about 75%.
This is a slightly more accelerated fleet turn-over estimate than
EPA's end of 2012 calendar year national estimate of 71.4% ORVR
penetration in the national gasoline fueled motor vehicle fleet.
\6\ Ibid. In 2012, 85% of gasoline dispensed in Connecticut was
dispensed to ORVR-equipped vehicles. This is much more accelerated
than EPA's end of 2012 calendar year national estimate of 77.7% of
fuel dispensed to ORVR-equipped vehicles.
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With respect to Stage I vapor recovery requirements, Connecticut's
adopted regulation RCSA section 22a-174-30a is more stringent than the
previously approved version of the rule,\7\ thus meeting the CAA
section 110(l) anti-back sliding requirements. As noted above, the
revised rule requires upgrades of P/V vent valves to a CARB-approved
EVR P/V vent valve for all P/V vent valves being replaced after July 1,
2015. Connecticut's adopted RCSA section 22a-174-30a also meets the CAA
section 110(l) requirements because of the increased frequency of Stage
I vapor control equipment testing at GDFs.
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\7\ EPA's most recent approval of RCSA section 22a-174-30 was on
August 31, 2006 (see 71 FR 51761). As noted in this proposed
rulemaking, Connecticut's Stage I vapor recovery requirements are
now found in the adopted RCSA section 22a-174-30a, effective July 8,
2015.
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EPA has reviewed Connecticut's newly adopted RCSA section 22a-174-
30a, ``Stage I Vapor Recovery,'' and we have determined that it
adequately incorporates the necessary Stage I Vapor Recovery program
requirements for GDFs that were previously contained in the, now
repealed, RCSA section 22a-174-30 (see 71 FR 51761; August 31, 2006),
as well as those Stage I vapor recovery requirements for GDFs that were
previously contained within RCSA subsections 22a-174-20(b)(6) through
(b)(9).
Connecticut's September 14, 2015 SIP submittal also includes
revisions to section 22a-174-20. EPA initially approved Connecticut's
RCSA section 22a-174-20 on May 31, 1972 (see 37 FR 23085) and most
recently approved revisions to RCSA section 22a-174-20 on November 3,
2015 (see 80 FR 67642). EPA has reviewed Connecticut's revised RCSA
sections 22a-174-20(a), 22a-174-20(b)(1) through 22a-174-20(b)(16), and
22a-174-20(ee) and has found that they are at least as stringent as the
previously SIP-approved version of the regulation. The following
Connecticut RCSA sections are the most significant changes from what
was previously approved into the Connecticut SIP:
1. Subsection 22a-174-20(a)(7) was revised to clarify the
requirements for the external surfaces of aboveground storage tanks
containing VOCs, thus strengthening the subsection previously approved
into the Connecticut SIP;
2. Subsections 22a-174-20(b)(6) through (b)(9), related to Stage I
vapor recovery program requirements for gasoline dispensing facilities,
were
[[Page 17165]]
removed from the amended 22a-174-20, since those provisions were moved
into the new RCSA section 22a-174-30a;
3. Subsections 22a-174-20(b)(10) through 22a-174-20(b)(16) were
revised to clarify and strengthen the Connecticut Stage I vapor
recovery program requirements for fuel tank trucks; \8\ and
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\8\ The revisions of subsections 22a-174-20(b)(10) through
(b)(16) clarify and strengthen the Connecticut Stage I vapor
recovery program requirements for fuel tank trucks by adding
requirements such as: Requiring all vapor return hoses, couplers and
adapters used in gasoline delivery to be vapor-tight; requiring fuel
tank trucks to dispense gasoline to a stationary storage tank having
an approved control system in a manner that does not interfere with
the collection efficiency of the control system; and requiring fuel
tank trucks to not transfer or allow the transfer of gasoline from a
delivery vehicle to a dispensing facility stationary storage tank if
there are leaks in pressure/vacuum relief valves or hatch covers of
the delivery vehicle, in the truck tanks or in associated vapor and
liquid lines.
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4. Subsection 22a-174-20(ee)(2) was revised to appropriately cite
the newly adopted RCSA section 22a-174-30a where reference was
previously made to, the now repealed, RCSA section 22a-174-30.
The above revisions are all reasonable and meet the Clean Air Act's
section 110(l) anti-back sliding requirements because they are more
stringent than the versions of the regulations previously approved into
the Connecticut SIP. Therefore, EPA is proposing to approve the revised
RCSA section 22a-174-20(a), the revised RCSA sections 22a-174-20(b)(1)
through 22a-174-20(b)(16), and the revised RCSA section 22a-174-20(ee)
into the Connecticut SIP.
In addition, Connecticut's September 2015 SIP submittal includes
revised RCSA 22a-174-32(b), relating to the applicability of Reasonably
Available Control Technology (RACT) requirements for volatile organic
compounds. EPA initially approved Connecticut's RCSA section 22a-174-32
on March 10, 1999 (see 64 FR 12024) and subsequently approved revisions
to this rule, with the most recently approved revisions to RCSA section
22a-174-32 on October 24, 2005 (see 70 FR 61384). The amended
subsection 22a-174-32(b)(3)(E)(ii) was revised to appropriately cite
the newly adopted RCSA section 22a-174-30a where reference was
previously made to, the now repealed, RCSA section 22a-174-30.
Therefore, EPA is proposing to approve revised RCSA section 22a-174-
32(b) into the Connecticut SIP.
IV. Proposed Action
EPA is proposing to approve Connecticut's September 14, 2015 SIP
revision. Specifically, EPA is proposing to approve, and incorporate
into the Connecticut SIP, the following regulations and statute: Newly
adopted RCSA section 22a-174-30a; revised RCSA subsection 22a-174-
20(a); revised RCSA subsections 22a-174-20(b)(1) through (b)(16);
revised RCSA subsection 22a-174-20(ee), and revised RCSA subsection
22a-174-32(b); as well as Public Act No. 13-120. EPA is also proposing
to approve Connecticut's request to withdraw RCSA section 22a-174-30
from the Connecticut SIP because, as described earlier, it has been
replaced with RCSA section 22a-174-30a, which is more stringent. EPA is
proposing to approve this SIP revision because it meets all applicable
requirements of the CAA and EPA guidance, and it will not interfere
with any applicable requirement concerning attainment or reasonable
further progress towards attainment of any NAAQS, or with any other
applicable requirement of the Clean Air Act.
Connecticut's September 14, 2015 SIP revision also satisfies the
``comparable measures'' requirement of CAA section 184(b)(2), because
as stated in EPA's Guidance Document, ``the comparable measures
requirement is satisfied if phasing out a Stage II control program in a
particular area is estimated to have no, or a de minimis, incremental
loss of area-wide emissions control.'' As noted above, Connecticut's
SIP revision meets, and as of the year 2015 goes beyond, the de minimis
criteria outlined in EPA's Guidance Document. In addition, since the
resulting temporary emissions increase from the removal of Stage II
controls prior to the year 2015 were de minimis, the anti-back sliding
requirements of CAA section 110(l) have also been satisfied. As noted
in Connecticut's September 14, 2015 submission, these revisions to
Connecticut's SIP are approvable under CAA section 110(l) because any
VOC emissions increase that may have occurred in 2013 or 2014 were too
small to interfere with attainment and reasonable further progress
towards attainment of the ozone NAAQS. Connecticut's submission also
stated, and demonstrated, that continuing a Stage II vapor recovery
program from 2015 and beyond would have resulted in an increase in
refueling emissions due to incompatibility excess emissions. Preventing
an increase in refueling emissions is consistent with the non-
interference requirements of the CAA in section 110(l).
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Connecticut's regulations and statute cited in Section IV. of
this proposed rulemaking. The EPA has made, and will continue to make,
these documents generally available electronically through http://www.regulations.gov and at the appropriate EPA.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive 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);
[[Page 17166]]
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).
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: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-07147 Filed 4-7-17; 8:45 am]
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