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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: Adam Ortiz Date: 8 April 2024 Subjects: American Government  , The Environment, Fuel Stations
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[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Rules and Regulations]
[Pages 24389-24392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07349]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0790; FRL-9915-02-R3]
Air Plan Approval; District of Columbia; Removal of Stage II
Gasoline Vapor Recovery Program Requirements
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 submitted by the District of
Columbia. This SIP 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 the 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: This final rule is effective on May 8, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2022-0790. All documents in the docket are listed on
the 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
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 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
On January 10, 2024 (89 FR 1479), EPA published a notice of
proposed rulemaking (NPRM) for the District of Columbia (the District).
In the NPRM, EPA proposed approval of the District's request to revise
its requirements for Stage II vapor recovery for new and existing GDFs
located within the District. The formal SIP revision was submitted by
the Department of Energy and Environment (DOEE) of the District of
Columbia on May 18, 2022.
II. Summary of SIP Revision and EPA Analysis
The details of the District's May 18, 2022, SIP submittal and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated in this final rule. For this detailed information, the
reader is referred to the EPA's January 10, 2024, proposed rulemaking
(89 FR 1479). The NPRM also contained a detailed analysis showing that
the District's removal of the Stage II requirements would not interfere
with any of the District'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 February 9, 2024.
III. EPA's Response to Comments Received
EPA received two comments from private citizen commentors which can
be found in the docket. Both comments, which were adverse, are
discussed below.
Comments: Both private citizen commenters disagree with the
proposed approval to allow the District to remove from the currently
approved SIP the prior-approved Stage II requirements applicable to new
and existing GDFs. The commentors' similarly stated reason for
disagreeing with the proposed approval is that the removal of Stage II
VRS may be cost effective but would lead to poorer air quality and
adversely impact public health. One commenter asserted that the
``proposal states that this removal of requirements is necessary due to
conflicts with other systems, but did not explicitly explain how these
other systems will be regulated to make up for it.'' \1\
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\1\ Comment On EPA-R03-OAR-2022-0790-0001 Air Quality State
Implementation Plans; Approvals and Promulgations: District of
Columbia; Removal of Stage II Gasoline Vapor Recovery Program
Requirements, www.regulations.gov/comment/EPA-R03-OAR-2022-0790-0009.
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Response: Both commenters misunderstand the latest science that EPA
has relied on in its decision. Based on DOEE's analysis, on-board
refueling vapor recovery (ORVR) alone is more effective at reducing
volatile organic compound (VOC) emissions in the District, than the use
of ORVR in conjunction with vacuum-assist Stage II VRS. In other words,
since the use of ORVR alone (which is in widespread use) in the
District achieves more VOC emissions control and reduction than does
using ORVR plus vacuum-assist
[[Page 24390]]
Stage II VRS, in removing the Stage II VRS requirement there is no loss
of emissions control to be made up for. Furthermore, EPA's approval
does not consider the relative cost effectiveness of ORVR versus Stage
II VRS, but was rather based in large part on the DOEE study that
showed that continued use of the two incompatible systems would lead to
less reduction in VOC than the use of ORVR alone.
Specifically, EPA acknowledges that one of the commenters
referenced an article,\2\ indicating that Stage II VRS was an effective
tool in reducing VOCs of the time that article was published. However,
the article's estimate of ``81% and 93% relative to a conventional
station'' for the efficiency of Stage II VRS is no longer accurate due
to the widespread adoption of ORVR technology, which captures gasoline
vapor when gasoline-powered vehicles are refueled. EPA adopted the ORVR
regulations for passenger vehicles in 1994, and 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. ORVR systems have been considered to be in
widespread use since 2012 (see the proposed approval for a full
discussion of the 2012 widespread use finding). Per the 2012 EPA
guidance on removing Stage II VRS, the in-use control efficiency for
ORVR systems is estimated to be 98%.\3\
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\2\ David L. MacIntosh, Dee A. Hull, Howard S. Brightman, Yukio
Yanagisawa, P. Barry Ryan, A method for determining in-use
efficiency of stage II vapor recovery systems, Environment
International, Volume 20, Issue 2, 1994, Pages 201-207, ISSN 0160-
4120, doi.org/10.1016/0160-4120(94)90137-6.
\3\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures (August 7, 2012).
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The DOEE analysis discussed in the proposed approval demonstrates
that within the District the continued operation of the vacuum-assist
Stage II VRS when coupled with the prevalence of ORVR-equipped vehicles
results in increased, not decreased, VOC emissions, due to the
incompatibility between the vacuum-assist type Stage II VRS equipment
and ORVR. The DOEE analysis further demonstrates that allowing the
decommissioning of 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. The
associated costs or cost effectiveness of either retaining or
decommissioning existing Stage II VRS was not a factor in EPA's
proposed approval.
As indicated in the NPRM, EPA ensured that: (1) in accordance with
CAA section 110(l)'s non-interference requirement, this SIP revision
demonstrated that the proposed action would not interfere with
attainment of the NAAQS or reasonable further progress towards
attainment of any NAAQS; (2) in accordance with CAA section 184(b)(2)'s
``comparable measures'' requirement, that this SIP revision would
achieve comparable or greater emission reductions than the gasoline
vapor recovery requirements contained in CAA section 182(b)(3); and (3)
that this SIP revision satisfies the anti-backsliding requirements of
CAA section 193. EPA also found that in its submittal, DOEE
demonstrated that there is widespread use of ORVR systems throughout
the motor vehicle fleet in the District, and that implementation of the
rule in the proposed SIP revision would comply with CAA sections
110(l), 184(b)(2), and 193. The submittal sufficiently demonstrates
that the District followed current EPA guidance and demonstrated that
the removal of Stage II VRS will not interfere with any requirements
concerning attainment or reasonable progress of any NAAQS, or any other
applicable requirement of the CAA.
IV. Final Action
EPA is approving the District's May 18, 2022, SIP revision that
incorporates revisions to Title 20 of the District of Columbia
Municipal Regulations (DCMR) Chapter 7 Section 705 Stage II Vapor
Recovery, with an effective date of April 8, 2022. The approved changes
to Section 705 Stage II Vapor Recovery consist of revisions to
subsections 705.1 through 705.14 as well as the addition of subsections
705.15 through 705.17. EPA is approving this SIP revision because it
meets all applicable requirements of the Clean Air Act and EPA
guidance, and it will not interfere with attainment or maintenance of
the ozone NAAQS or any other CAA applicable requirement.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of District of
Columbia's revised Title 20 DCMR Chapter 7 Section 705 Stage II Vapor
Recovery regulation described in 40 CFR part 52 as described in
Sections I, II and IV. 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). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
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); and
[[Page 24391]]
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;
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).
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 action. Due
to the nature of the action being taken here, this action 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.
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 June 7, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action to remove Stage II requirements for the District of
Columbia may not be challenged later in proceedings to enforce its
requirements. (See CAA 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 J--District of Columbia
0
2. Amend Sec. 52.470, paragraph (c) by:
0
a. Revising the entries ``Section 705.1 through 705.3'' and ``Section
705.4 through 705.14''; and
0
b. Adding the entry ``Section 705.15 through 705.17'' immediately after
the entry ``Section 705.4 through 705.14''.
The revisions and addition read as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations and Statutes in the District of Columbia SIP
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State
State citation Title/subject effective EPA approval date Additional
date explanation
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* * * * * * *
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Chapter 7 Volatile Organic Compounds
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* * * * * * *
Section 705.1 through 705.3...... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes revisions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
Section 705.4 through 705.14..... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes revisions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
Section 705.15 through 705.17.... Stage II Vapor 04/08/2022 04/08/2024, [Insert Includes additions
Recovery. Federal Register removing
citation]. requirements for
gasoline vapor
recovery systems
installed on
gasoline
dispensers.
[[Page 24392]]
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[FR Doc. 2024-07349 Filed 4-5-24; 8:45 am]
BILLING CODE 6560-50-P