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Air Plan Approval; District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements Publication: Federal Register Agency: Environmental Protection Agency Byline: Diana Esher Date: 10 January 2024 Subject: American Government  , The Environment, Fuel Stations
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Proposed Rules]
[Pages 1479-1482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00161]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 /
Proposed Rules
[[Page 1479]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0790; FRL-9915-01-R3]
Air Plan Approval; District of Columbia; Removal of Stage II
Gasoline Vapor Recovery Program 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
Department of Energy and Environment (DOEE) of the District of Columbia
(the District). This 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 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: Written comments must be received on or before February 9, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0790 at www.regulations.gov, or via email to
gordon.mike@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 www.epa.gov/dockets/commenting-epa-dockets.
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:
I. Background and Purpose
II. Summary of the District of Columbia's Stage II Vapor Recovery
Program and SIP Revision
III. EPA's Evaluation of the District of Columbia's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On May 18, 2022, the DOEE submitted a revision to its SIP. That SIP
submittal consisted of the District's revised Stage II vapor recovery
regulations at Title 20 of the District of Columbia Municipal
Regulations (DCMR) Chapter 7 Section 705 Stage II Vapor Recovery. DOEE
revised its regulations so new GDFs would no longer be required to
install and operate Stage II VRS. Additionally, DOEE's revisions allow
existing GDFs to decommission existing vacuum-assist Stage II VRS on or
after January 1, 2022. The SIP submittal includes a demonstration that
removal of Stage II VRS in the District will not interfere with any
requirements concerning attainment or reasonable progress of any
national ambient air quality standard (NAAQS), or any other applicable
requirement of the CAA.
Stage II vapor recovery is an emission control system that is
installed on gasoline dispensing equipment at GDFs for the purpose of
capturing fuel vapor that would otherwise be released from vehicle gas
tanks into the atmosphere during vehicle refueling. Stage II VRS
installed on dispensing equipment capture these refueling emissions at
the dispenser and route the refueling vapors back to the GDF's
underground storage tank, preventing volatile organic compounds (VOCs)
in the vapors from escaping to the atmosphere. Beginning in 1998, newly
manufactured gasoline-burning cars and trucks have been equipped with
on-board refueling vapor recovery (ORVR) systems that utilize carbon
canisters installed directly on the vehicle to capture refueling vapors
in the vehicle to be later routed to the vehicle's engine for
combustion during engine operation.
The 1990 CAA amendments initially required implementation of both
Stage II VRS and ORVR systems. Section 182(b)(3) of the CAA required
areas classified as moderate and above ozone nonattainment to implement
Stage II vapor recovery programs, while CAA section 184(b)(2) required
states in the Northeast Ozone Transport Region (OTR) to implement Stage
II vapor recovery or comparable measures. CAA section 202(a)(6)
required EPA to promulgate regulations for ORVR for light-duty cars and
trucks (passenger vehicles); EPA adopted these requirements in a final
action published in the Federal Register (April 6, 1994, 59 FR 16262),
(hereafter referred to as the ORVR rule). Upon the effective date of
that final rule, moderate ozone nonattainment areas were no longer
subject to CAA section 182(b)(3) Stage II vapor recovery requirements.
Under the ORVR rule, 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.\1\
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\1\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, (August 7, 2012), hereafter referred to as EPA's Stage II
Removal Guidance www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807_page_stage2_removal_guidance.pdf.
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[[Page 1480]]
During the phase-in of ORVR controls, Stage II vapor recovery has
provided VOC emission reductions in ozone nonattainment areas and in
certain areas of the OTR. Congress recognized that ORVR systems and
Stage II VRS would over time become largely redundant technologies
acting to capture the same pollutants; Congress therefore provided
authority in the 1990 CAA amendments for EPA to allow states to remove
Stage II vapor recovery programs from their SIPs upon EPA making a
finding that ORVR is in ``widespread use.'' \2\ EPA issued a widespread
use finding in a final rule published in the Federal Register (May 16,
2012, 77 FR 28772), in which EPA determined that ORVR was in widespread
use on a nationwide basis. EPA estimated that by the end of 2016, more
than 88 percent of gasoline refueling nationwide would occur with ORVR-
equipped vehicles. As noted in EPA's Stage II Removal Guidance, Stage
II vapor recovery programs have become largely redundant control
systems for ORVR-equipped vehicles and, as a result, Stage II VRS
achieve ever-declining emissions benefits as more ORVR-equipped
vehicles continue to enter the on-road motor vehicle fleet. In areas
where certain types of vacuum-assist Stage II VRS are used, such as the
District, the incompatibility between ORVR systems and certain
configurations of Stage II vapor recovery systems results in the
reduction of overall control system efficiency in capturing VOC
refueling emissions, compared to what would otherwise be achieved by
ORVR or Stage II VRS acting in the absence of the other. In its May 16,
2012 (77 FR 28772) widespread use rulemaking, EPA also exercised its
authority under CAA section 202(a)(6) to waive certain Federal
statutory requirements for Stage II VRS at GDFs, which among other
things, exempted 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 (77 FR 28772) rulemaking also
noted that any state currently implementing a Stage II vapor recovery
program may submit SIP revisions that would allow for the phase-out of
Stage II VRS.
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\2\ See CAA Section 202(a)(6).
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II. Summary of the District of Columbia's Stage II Vapor Recovery
Program and SIP Revision
The District of Columbia was classified as Serious nonattainment
for the 1-hour 1979 ozone NAAQS in the Federal Register at 56 FR 56694
(November 6, 1991), this standard has since been revoked. The District
was found to be in attainment of ground-level 2008 ozone NAAQS on July
16, 2019 and subsequently found to be in Moderate nonattainment for the
2015 ozone NAAQS on November 7, 2022 (40 CFR 81.309). Because gasoline
vapors contain mainly VOCs and contribute to the formation of ground-
level ozone, Section 182(b)(3) of the CAA Amendments of 1990 required
states with moderate and higher ozone nonattainment areas to revise
their SIPs to require ``owners or operators of gasoline dispensing
systems to install and operate . . . a system for gasoline vapor
recovery of emissions from the fueling of motor vehicles.'' \3\ As a
result, in 1993 the District of Columbia adopted Stage II vapor
recovery requirements at Title 20 DCMR Environment, Chapter 7 Air
Quality--Volatile Organic Compounds and Hazardous Air Pollutants,
Section 705 Stage II Vapor Recovery. These changes were subsequently
incorporated into the District's SIP (October 27, 1999, 64 FR 57777).
In October 2021, due to the widespread use of ORVR and its
incompatibility with the Stage II vacuum-assist VRS in use at GDFs in
the District, DOEE proposed revisions to its vapor recovery
regulations. These revisions proposed to allow existing GDFs within the
District the option to decommission their Stage II VRS, and for new
GDFs to forgo them entirely.\4\ DOEE subsequently finalized these
revisions in April 2022.\5\
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\3\ CAA Section 182(b)(3).
\4\ 68 DCR 11457, Proposed Rulemaking, Amend 20 DCMR
(Environment), Ch. 7 (Air Quality--Volatile Organic Compounds and
Hazardous Air Pollutants), Sec. 705 (Stage II Vapor Recovery),
Removal of Stage II Vapor Recovery from Gasoline Dispensing
Facilities in the District; issued October 29, 2021.
\5\ 69 DCR 3128, Final Rulemaking, Amend 20 DCMR (Environment),
Ch. 7 (Air Quality--Volatile Organic Compounds and Hazardous Air
Pollutants), Sec. 705 (Stage II Vapor Recovery), Removal of Stage II
Vapor Recovery from Gasoline Dispensing Facilities in the District;
issued April 8, 2022 and effective same day.
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On May 18, 2022, DOEE submitted a SIP revision to EPA consisting of
these state regulatory revisions adopted by DOEE, along with a
demonstration of the emission impacts of the changes to Stage II
requirements on affected areas in the District. This SIP revision
includes DOEE's revised rules that allow new GDFs that commence
construction on or after January 1, 2022, to do so without installing
and operating a Stage II VRS and allow existing GDFs to commence the
decommissioning of vacuum-assist Stage II VRS on or after January 1,
2022. DOEE's revised rules incorporate by reference requirements and
procedures for decommissioning Stage II VRS based on Chapter 14 of the
Petroleum Equipment Institute's ``Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling
Sites,'' 2009 edition, PEI/RP300-09. The revised rules also incorporate
by reference requirements and procedures for the maintenance and
periodic testing of Stage II VRS for GDFs that opt to continue
operating them.
The October 28, 2021, SIP revision also includes a demonstration
supporting the discontinuation of the Stage II vapor recovery program
in the District. This demonstration, discussed in greater detail below,
shows that by 2019 the overall emissions benefits associated with the
Stage II vapor recovery program, operated in conjunction with ORVR, are
overwhelmed by an emissions disbenefit caused by ORVR incompatibility
with the vacuum-assist type Stage II VRS equipment in use at GDFs.
DOEE's analysis followed the EPA's ``Guidance on Removing Stage II
Gasoline Vapor Control Programs from State Implementation Plan and
Assessing Comparable Measures'' (EPA-457/B-12-001; August 7, 2012),
hereafter referred to as EPA's Stage II Removal Guidance. The DOEE
analysis demonstrates that within the District the increasing
prevalence of ORVR-equipped vehicles and the continued operation of the
Stage II vapor recovery program results in increased VOC emissions due
to the incompatibility between the vacuum-assist type Stage II VRS
equipment and ORVR. The DOEE further demonstrates that allowing the
decommissioning of all 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.
III. EPA's Evaluation of the District of Columbia's SIP Revision
EPA has reviewed the District's revised 20 DCMR 705, Stage II Vapor
Recovery, and accompanying SIP narrative, and has concluded that DOEE's
October 28, 2021 SIP revision is consistent with EPA's widespread use
rule (77 FR 28772, May 16, 2012) and with EPA's Stage II Removal
Guidance.
[[Page 1481]]
In reviewing the proposed SIP revision, the EPA must ensure that:
(1) in accordance with CAA section 110(l)'s non-interference
requirement, DOEE has demonstrated that the proposed action would not
interfere with attainment of the National Ambient Air Quality Standards
or reasonable further progress towards attainment of any NAAQS; (2) in
accordance with CAA section 184(b)(2)'s ``comparable measures''
requirement, that the proposed action would achieve comparable or
greater emission reductions than the gasoline vapor recovery
requirements contained in CAA section 182(b)(3); and (3) that the
proposed action satisfies the anti-backsliding requirements of CAA
section 193. As discussed below, the EPA finds that DOEE has
demonstrated widespread use of ORVR systems throughout the motor
vehicle fleet and that implementation of the rule in the proposed SIP
revision would comply with CAA sections 110(l), 184(b)(2), and 193.
CAA section 110(l) specifies that the EPA cannot approve a SIP
revision if it would interfere with attainment of NAAQS or reasonable
further progress towards attainment, or any other applicable
requirement of the CAA; this is commonly referred to as ``anti-
backsliding.'' DOEE's SIP revision submittal includes a CAA section
110(l) anti-backsliding demonstration (based on equations provided in
the EPA's Stage II Removal Guidance) \6\ demonstrating there would be a
negative increment value for the potential loss of emission reductions
from removing Stage II vapor recovery systems in 2019. If the
calculated increment value is zero or negative, this would indicate
that removing Stage II systems would not increase refueling emissions.
Thus, the SIP revision will not interfere with attainment of NAAQS,
reasonable further progress towards attainment, or any other applicable
requirement of the CAA.
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\6\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, (August 7, 2012), pages 13-14.
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Because the District is located in the northeast OTR, under CAA
section 184(b)(2)'s ``comparable measures'' requirement, the State must
show that its SIP revisions include control measures capable of
achieving emission reductions comparable to those achievable through
Stage II Systems under CAA section 182(b)(3). As stated in the EPA's
Stage II Removal Guidance, ``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 emission control.'' DOEE conducted a comparable measure
analysis in accordance with the EPA's Stage II Removal Guidance that
shows that phasing out the Stage II program would result in zero or de
minimis incremental loss of area wide emission control satisfying the
comparable measures requirement of CAA section 184(b)(2).
DOEE's analysis indicates there would be a negative increment value
for the potential loss of emission reductions from removing Stage II
vapor recovery systems starting in 2019 at a range of at least -0.0425
and at most -0.0348. The EPA's Stage II Removal Guidance explains that
a zero or negative increment value indicates that removing Stage II,
``would not increase the refueling emissions inventory because the
higher efficiency from ORVR and the incompatibility emissions offset
the increment due to non-ORVR vehicles being refueled at Stage II
GDFs.'' \7\ Thus, compliance with CAA section 184(b)(2) is demonstrated
and the revision to the SIP satisfies the comparable measures
requirement. EPA has reviewed the DOEE analysis and agrees with its
conclusions that within the District the overall emissions benefits
associated with the Stage II vapor recovery program, operated in
conjunction with widespread use of ORVR, are shown to be overwhelmed by
an emissions disbenefit caused by ORVR incompatibility.
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\7\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, (August 7, 2012), page 13.
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IV. Proposed Action
EPA is proposing to approve the District's October 28, 2021 SIP
revision for districtwide removal of Stage II vapor recovery
requirements, which 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
vacuum-assist Stage II vapor recovery. Specifically, EPA is proposing
to approve Title 20 of the District of Columbia Municipal Regulations
(DCMR) Chapter 7 Section 705 Stage II Vapor Recovery, and incorporate
it into the District's SIP. EPA is proposing to approve this SIP
revision because it meets all applicable requirements of the Clean Air
Act and relevant EPA guidance and because approval of this SIP revision
will not interfere with attainment or maintenance of the ozone NAAQS.
EPA is soliciting public comments on the issues discussed in this
action or other relevant matters. These comments will be considered
before taking final action.
V. Incorporation by Reference
In this document, EPA proposes to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the District of Columbia's revisions to 20 DCMR 705, Removal
of Stage II Vapor Recovery from Gasoline Dispensing Facilities in the
District; (effective date April 8, 2022), as explained in Section II 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).
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 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);
Is not an economically significant regulatory action based
on health or
[[Page 1482]]
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
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;
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 proposed
rulemaking. Due to the nature of the proposed action being taken here,
this proposed rulemaking 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.
In addition, this proposed rulemaking, to remove the District's
Stage II vapor recovery requirements from the SIP 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 District, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
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.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2024-00161 Filed 1-9-24; 8:45 am]
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