Approval and Promulgation of Air Quality Implementation Plans; Delaware; Removal of Stage II Gasoline Vapor Recovery Program Requirements and Revision of Stage I Gasoline Vapor Recovery Program Requirements

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Removal of Stage II Gasoline Vapor Recovery Program Requirements and Revision of Stage I Gasoline Vapor Recovery Program Requirements

Publication: Federal Register
Signing Official: Adam Ortiz
Agency: Environmental Protection Agency
Date: 10 June 2022

[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35423-35425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12236]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0196; FRL-9701-02-R3]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision, made in two separate submittals, by
the State of Delaware. This revision removes requirements for gasoline
vapor recovery systems installed on gasoline dispensers, the purpose of
which are to capture emissions from vehicle refueling operations,
otherwise known as Stage II vapor recovery. This revision also
strengthens Delaware's requirements for gasoline vapor recovery systems
that capture emissions from storage tank refueling operations,
otherwise known as Stage I vapor recovery. Specifically, this action
removes from the approved SIP prior-approved Stage II requirements
applicable to new and existing gasoline dispensing facilities (GDFs).
All GDFs will be required to decommission their Stage II vapor recovery
systems (VRS) and to install, maintain, and periodically test Stage I
enhanced vapor recovery systems (EVRS). Delaware's SIP revision
establishes a compliance schedule for these changes and 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 July 11, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2022-0196 at https://www.regulations.gov. All documents
in the docket are listed on the https://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 https://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 Yarina, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is (215) 814-2103. Mr. Yarina can also be reached
via electronic mail at Yarina.Adam@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer

[[Page 35424]]

to EPA. The following outline is provided to aid in locating
information in this preamble.

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

On April 6, 2022 (87 FR 19828), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of Delaware's request to revise its requirements for Stage II
and Stage I vapor recovery for new and existing GDFs in the State of
Delaware. The formal SIP revisions being approved were submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC) on November 17, 2020, and July 14, 2021.\1\ The details of
Delaware's November 17, 2020, and July 14, 2021 SIP submittals and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. See 87 FR 19828 (April 6, 2022). The NPRM also
contained a detailed analysis showing that Delaware's removal of the
Stage II requirements would not interfere with any Delaware area'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 May 6, 2022. EPA received no
public comments on the NPRM.
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\1\ Both SIP submittals can be found in Docket ID No. EPA-R03-
OAR-2022-0196 at https://www.regulations.gov, attached to their
respective transmittal letters from DNREC.
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II. Final Action

As proposed in the NPRM,\2\ EPA is approving Delaware's November
17, 2020, and July 14, 2021 SIP revisions for statewide removal of
Stage II vapor recovery requirements, statewide prohibition of Stage II
VRS installation at new GDFs, the statewide mandatory decommissioning
of Stage II VRS at existing GDFs by December 31, 2021, and the
statewide mandatory installation of Stage I EVRS at all GDFs by
December 31, 2025. Specifically, EPA is approving Delaware's revised 7
DE Admin. Code 1124, Control of Volatile Organic Compound Emissions,
and incorporating it into the Delaware SIP. EPA is approving this SIP
revision because it meets all applicable requirements of the CAA and
relevant EPA guidance and because approval of this SIP revision will
not interfere with attainment or maintenance of the ozone NAAQS.
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\2\ See 87 FR 19828 (April 6, 2022).
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III. Incorporation by Reference

In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the State
of Delaware's revised 7 DE Admin Code 1124 Section 26.0 Gasoline
Dispensing Facility Stage I Vapor Recovery and Section 36.0 Vapor
Emission Control at Gasoline Dispensing Facilities, which will include
the revisions issued on August 17, 2015 via 19 DE Reg. 199 (state
effective date September 11, 2015), the revisions issued on June 11,
2020 via 24 DE Reg. 61 (state effective date July 11, 2020), and the
revisions issued on March 11, 2021 via 24 DE Reg. 944 (state effective
date April 11, 2021), as described in Sections I and II of this
preamble and set forth below in the amendments to part 52.
EPA has made, and will continue to make, these materials generally
available through https://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).

IV. Statutory and Executive Order Reviews

A. General Requirements

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, this rule to remove Delaware's Stage II vapor recovery
requirements does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

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 August 9, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not

[[Page 35425]]

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 and revise Stage I
requirements for Delaware 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, 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 I--Delaware

0
2. In Sec. 52.420, the table in paragraph (c) under the heading ``1124
Control of Volatile Organic Compound Emissions'' is amended by revising
the entries for ``Section 26.0'' and ``Section 36.0'' to read as
follows:

Sec. 52.420 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations and Statutes in the Delaware SIP
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State regulation (7 DNREC State Additional
1100) Title/subject effective date EPA approval date explanation
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* * * * * * *
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1124 Control of Volatile Organic Compound Emissions
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* * * * * * *
Section 26.0............... Gasoline Dispensing 04/11/2021 06/10/2022, [Insert Includes revisions
Facility Stage I Federal Register issued on August 17,
Vapor Recovery. citation]. 2015 via 19 DE Reg.
199 (state effective
date September 11,
2015), revisions
issued on June 11,
2020 via 24 DE Reg.
61 (state effective
date July 11, 2020),
and revisions issued
on March 11, 2021
via 24 DE Reg. 944
(state effective
date April 11,
2021).
Includes mandate to
install, maintain,
and periodically
test Stage I
enhanced vapor
recovery systems
(EVRS) at Gasoline
Dispensing
Facilities (GDFs) in
Delaware; associated
compliance
schedules; and
updates related
incorporations by
reference.

* * * * * * *
Section 36.0............... Vapor Emission 04/11/2021 06/10/2022, [Insert Includes revisions
Control at Gasoline Federal Register issued on August 17,
Dispensing citation]. 2015 via 19 DE Reg.
Facilities. 199 (state effective
date September 11,
2015), revisions
issued on June 11,
2020 via 24 DE Reg.
61 (state effective
date July 11, 2020),
and revisions issued
on March 11, 2021
via 24 DE Reg. 944
(state effective
date April 11,
2021).
Includes mandate to
decommission Stage
II vapor recovery
systems (VRS) at
Gasoline Dispensing
Facilities (GDFs) in
Delaware; associated
compliance
schedules; and
updates related
incorporations by
reference.

* * * * * * *
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[FR Doc. 2022-12236 Filed 6-9-22; 8:45 am]
BILLING CODE 6560-50-P