Proposed Rule2022-07214
Approval and Promulgation of Air Quality Implementation Plans;
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve 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 would remove from the approved SIP prior-approved Stage II requirements applicable to new and existing gasoline dispensing facilities (GDFs). New and existing GDF's 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 66 (Wednesday, April 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Proposed Rules]
[Pages 19828-19833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07214]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2022-0196; FRL-9701-01-R3]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 would remove from the approved SIP prior-approved Stage II
requirements applicable to new and existing gasoline dispensing
facilities (GDFs). New and existing GDF's 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: Written comments must be received on or before May 6, 2022.
[[Page 19829]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0196 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#b9ded6cbddd6d797d4d0d2dcf9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="5d3a322f39323373303436381d382d3c733a322b">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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 <a href="/cdn-cgi/l/email-protection#c39aa2b1aaada2ed82a7a2ae83a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="f8a1998a919699d6b99c9995b89d8899d69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. The following outline is
provided to aid in locating information in this preamble.
I. Background and Purpose
II. Summary of Delaware's Stage I and Stage
II Vapor Recovery Program and SIP Revisions
III. EPA's Evaluation of Delaware's SIP Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On November 17, 2020, the Delaware Department of Natural Resources
and Environmental Control (DNREC) submitted a revision to its SIP. This
SIP submittal includes Delaware's revised Stage I and Stage II vapor
recovery regulations at 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, respectively. These
regulations have been revised to require the decommissioning of
existing Stage II VRS and the installation, maintenance, and testing of
Stage I EVRS at new and existing GDFs. The SIP submittal establishes a
compliance schedule for these changes and includes a demonstration that
removal of Stage II VRS in Delaware will not interfere with any
requirement concerning attainment or reasonable progress of any
national ambient air quality standard (NAAQS), or any other applicable
requirement of the CAA. All existing GDFs in Delaware were to
decommission their Stage II VRS by December 31, 2021, and install Stage
I EVRS by December 31, 2025. New GDFs are prohibited from installing
Stage II VRS and must install Stage I EVRS at construction. Delaware's
SIP demonstration is also intended to show that removal of Stage II
requirements is consistent with all relevant EPA guidance.
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)
that comprise these vapors from escaping to the atmosphere. Beginning
in 1998, newly manufactured gasoline-burning cars and trucks have been
equipped with on-board 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.
Stage I VRS 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. Stage I VRS route these displaced vapors
into the delivery truck's tank. Some vapors are vented when the storage
tank exceeds a specified pressure threshold, however Stage I VRS
greatly reduce the possibility of these displaced vapors being released
into the atmosphere.
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 April 6, 1994 Federal Register (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\
---------------------------------------------------------------------------
\1\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Table A-1 (August 7, 2012).
---------------------------------------------------------------------------
During the phase-in of ORVR controls, Stage II 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 May 16, 2012 Federal Register (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.\3\ Thus, 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
[[Page 19830]]
ORVR-equipped vehicles continue to enter the on-road motor vehicle
fleet.\4\ In areas where certain types of vacuum-assist Stage II VRS
are used, such as Delaware, 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 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 rulemaking also noted that any state currently
implementing Stage II vapor recovery program may submit SIP revisions
that would allow for the phase-out of Stage II VRS.
---------------------------------------------------------------------------
\2\ See CAA Section 202(a)(6)
\3\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Table A-1 (August 7, 2012).
\4\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, p.1 (August 7, 2012).
---------------------------------------------------------------------------
Stage I VRS 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 VRS capable of achieving vapor control efficiencies
higher than those achieved by traditional systems. These systems are
commonly referred to as Stage I EVRS.
II. Summary of Delaware's Stage I and Stage II Vapor Recovery Program
and SIP Revisions
Since the early 1990s, ambient air quality in Delaware--in
particular that of New Castle County, which is Delaware's portion of
the Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD metropolitan area--has
been in nonattainment for the ground-level ozone NAAQS. New Castle
County and Kent County were both classified as Severe-15 nonattainment
for the 1-hour 1979 ozone NAAQS, while Sussex County was classified as
Marginal nonattainment. See 56 FR 56694. 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 requires 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.'' \5\ As a result, in
1993 Delaware adopted Stage I and Stage II vapor recovery requirements
at 7 DE Admin Code 1124, Section 26.0 Gasoline Dispensing Stage I Vapor
Recovery, and Section 36.0 Stage II Vapor Recovery,\6\ respectively.
These changes were subsequently incorporated into Delaware's SIP; see
the Federal Register notice from June 10, 1994 at 59 FR 29956, and May
3, 1995 at 60 FR 21707.\7\
---------------------------------------------------------------------------
\5\ CAA Section 182(b)(3).
\6\ The title of this section was subsequently revised by
Delaware to ``Vapor Emission Control at Gasoline Dispensing
Facilities,'' as discussed later in this rule.
\7\ Although these SIP revisions were approved by EPA on
different dates, the Delaware state effective date for these
requirements was January 11, 1993. The Federal Register document
published on December 7, 1998 at 63 FR 67407 has a comprehensive
list of approved Delaware SIP revisions as of that date.
---------------------------------------------------------------------------
In September 2015, due to the widespread use of ORVR and its
incompatibility with the Stage II vacuum-assist VRS in use at Delaware
GDFs, Delaware revised its vapor recovery regulations to allow existing
GDFs the option to decommission their Stage II VRS, and for new GDFs to
forgo them entirely, provided that GDFs installed, maintained, and
periodically tested Stage I EVRS.\8\ These revisions, referred to by
Delaware as the ``2015 Stage II Regulation,'' were interim updates that
were intended to test the feasibility and effectiveness of this
approach, and were not incorporated into Delaware's SIP at that time.
Delaware subsequently revised and finalized these requirements in 2019
and 2020. The finalized revisions, referred to by Delaware as the
``2019 Stage II Revision,'' mandated that existing GDFs decommission
their Stage II VRS by December 31, 2021, and prohibited new GDFs from
installing them at all. At the same time, Delaware also updated and
finalized changes to the 2002 version of 7 DE Admin. Code 1124, Section
26.0, Gasoline Dispensing Facility Stage I Recovery. These updated
requirements mandated that existing GDFs install Stage I EVRS by
December 31, 2025, while new GDFs were required to install them upon
construction.\9\
---------------------------------------------------------------------------
\8\ 19 DE Reg. 199, 7 DE Admin. Code 1124 Control of Volatile
Organic Compound Emissions; issued August 17, 2015 via Secretary's
Order No. 2015-A-0030, effective September 11, 2015.
\9\ 24 DE Reg. 61, 7 DE Admin. Code 1124 Control of Volatile
Organic Compound Emissions, Section 26--Gasoline Dispensing Facility
Stage I Vapor Recovery, and Section 36--Vapor Emission Control at
Gasoline Dispensing Facilities; issued June 11, 2020 via Secretary's
Order No.: 2020-A-0017, effective July 11, 2020.
---------------------------------------------------------------------------
On November 17, 2020, Delaware submitted a SIP revision to EPA
consisting of these state regulatory requirements adopted by DNREC,
along with a demonstration of the emission impacts of the changes to
Stage I and Stage II requirements on affected Delaware areas. This SIP
revision, referred to by Delaware as the ``DE 2019 Stage I-II SIP
Revision'' includes revised rules that mandated the decommissioning of
Stage II VRS at existing GDFs by December 31, 2021, prohibit the
installation of Stage II VRS at new GDFs, and mandate the installation
of Stage I EVRS at existing GDFs by December 31, 2025, and at new GDFs
upon construction. Delaware'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,'' 2019 edition, PEI/RP300-19. The revised rules
also incorporate by reference requirements and procedures for the
design, installation, maintenance, and periodic testing of Stage I
EVRS, and for the maintenance and periodic testing of Stage II VRS for
GDFs that opt to continue operating them until the decommission
deadline.\10\
---------------------------------------------------------------------------
\10\ See 24 DE Reg. 61, 7 DE Admin. Code 1124, Control of
Volatile Organic Compound Emissions, Section 36.4 Standards for
Facilities with Stage I Vapor Recovery Systems, and Section 36.3
Standards for Facilities with Stage II Vapor Recovery Systems,
respectively.
---------------------------------------------------------------------------
Delaware's November 17, 2020 SIP revision also includes a
demonstration supporting the discontinuation of the Delaware Stage II
vapor recovery program. This demonstration, discussed in greater detail
below, consists of an analysis that after the year 2016, the overall
emissions benefits associated with the Stage II 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 Delaware GDFs. DNREC's analysis shows that
continued operation of the
[[Page 19831]]
Stage II vapor recovery program beyond 2016 actually increases VOC
emissions due to the incompatibility between the vacuum-assist type
Stage II VRS equipment in use at Delaware GDFs and ORVR, coupled with
the increasing prevalence of ORVR-equipped vehicles. Delaware further
demonstrates that mandating the decommissioning of all Stage II VRS
equipment by December 31, 2021, will result in additional emissions
benefits, especially when combined with Stage I EVRS and the increasing
prevalence of ORVR-equipped vehicles.
On July 14, 2021, Delaware submitted an additional SIP revision to
further amend 7 DE Admin. Code 1124, Control of Volatile Organic
Compound Emissions, Section 36.0 Vapor Emission Control at Gasoline
Dispensing Facilities. These amendments update references to several
CARB Executive Orders (EOs) previously incorporated by reference into 7
DE Admin. Code 1124, which were subseuently modified by CARB between
July 17, 2019 and June 3, 2020, after Delaware's 2020 amendments to 7
DE Admin. Code 1124. The modified CARB EOs extend expiration dates and
specify additional parts to be used in some certified Stage I EVRS.\11\
The 2020 SIP submittal and 2021 SIP submittal will both be considered
in this rulemaking.
---------------------------------------------------------------------------
\11\ 24 DE Reg. 944, 7 DE Admin. Code 1124, Control of Volatile
Organic Compound Emissions, Section 36.0, Vapor Emission Control at
Gasoline Dispensing Facilities, specifically Section 36.5
Requirements for Stage I Facilities with Continuous Pressure
Monitoring Systems, 36.10 Approved Systems, and Section 36.11
Referenced Standards; issued March 11, 2021 via Secretary's Order
No.: 2021-A-0009, effective April 11, 2021.
---------------------------------------------------------------------------
III. EPA's Evaluation of Delaware's SIP Revisions
EPA has reviewed Delaware's revised 7 DE Admin. Code 1124, Control
of Volatile Organic Compound Emissions, and accompanying SIP narrative,
and has concluded that Delaware's November 17, 2020 and July 14, 2021
SIP revisions are consistent with EPA's widespread use rule (77 FR
28772, May 16, 2012) and with 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.
Delaware's November 17, 2020 revision includes a demonstration
supporting the discontinuation of the Delaware Stage II vapor recovery
program, in compliance with the requirements of the CAA sections 110(l)
requirement that revision of the SIP will not interfere with attainment
of or reasonable further progress towards attainment of any NAAQS or
any other applicable CAA requirement. This demonstration was prepared
by DNREC based on relevant equations provided in EPA's Stage II Removal
Guidance. From this analysis, Delaware determined that by2017 the
emissions benefits from the Stage II vapor recovery program, in
conjunction with ORVR will be overwhelmed by the emission disbenefits
stemming from an incompatibility between Stage II vacuum-assist type
VRS equipment and ORVR. Beyond 2016, the continuation of Stage II vapor
recovery requirements would increase emissions in Delaware, as
summarized in Table 1 in this document. If not removed, the vacuum-
assist Stage II systems in Delaware would lead to an emission increase
of 30.87 tons in the ozone season \12\ and 71.13 tons annually by 2021.
As a result, Delaware elected to allow decommissioning of Stage II VRS
beginning in September 2015 and to mandate decommissioning of Stage II
VRS by December 31, 2021. Implementation of these requirements are
estimated to reduce emissions resulting from the incompatibility of
Stage II VRS and ORVR to 7.59 tons during the 2021 ozone season and
17.48 tons for all of 2021. The EPA has reviewed Delaware's work and
finds that its underlying data, methods, and resulting conclusions are
consistent with all relevant EPA guidance for Stage II vapor recovery
requirements.
---------------------------------------------------------------------------
\12\ The ozone season is the five-month period from May 1 to
September 30 in the calendar year.
Table 1--Estimates of Delaware VOC Emissions Benefits From Stage II
Vapor Recovery Equipment
------------------------------------------------------------------------
Tons * (ozone Tons *
Year season) (annual)
------------------------------------------------------------------------
2016.................................... 3.74 8.625
2017.................................... -4.96 -11.43
2018.................................... -13.08 -30.14
2019.................................... -19.78 -45.58
2020.................................... -25.55 -58.86
2021.................................... -30.87 -71.13
2022.................................... -35.75 -82.37
2023.................................... -40.17 -92.55
2024.................................... -44.12 -101.65
2025.................................... -47.59 -109.64
2026.................................... -51.10 -117.74
------------------------------------------------------------------------
* Negative numbers indicate emissions increases instead of emissions
reductions.
In evaluating whether a given SIP revision would interfere with
attainment of a NAAQS, EPA generally considers whether the SIP revision
will allow for an increase in actual emission into the air over what is
allowed under the existing EPA-approved SIP. EPA has not required that
states produce a new complete attainment demonstration for every SIP
revision, provided that the status quo air quality is preserved.\13\
EPA believes that a planned Stage II decommissioning that is shown not
to result in an increase in areawide VOC emissions is consistent with
the conditions of CAA section 110(l), and would not jeopardize
attainment or maintenance of an area that formerly relied upon Stage II
emission reductions in the approved SIP. Delaware has demonstrated that
Stage II vapor recovery will no longer provide emission reductions when
compared to ORVR without Stage II vapor recovery. Stage II vapor
recovery operated in conjunction with ORVR has been shown by Delaware
to result in increased VOC
[[Page 19832]]
emissions since 2017, due to incompatibilities between certain types of
Stage II VRS equipment and vehicle ORVR systems. Therefore, EPA
believes discontinuance of Stage II in Delaware will not interfere with
the state's ability to attain or maintain the NAAQS, or to provide
reasonable further progress in meeting the NAAQS.
---------------------------------------------------------------------------
\13\ EPA Guidance on Removing Stage II Gasoline Vapor Control
Programs from State Implementation Plans and Assessing Comparable
Measures, Section 2.2 (August 7, 2012).
---------------------------------------------------------------------------
States in the OTR defined by the CAA remain obligated under CAA
section 184(b)(2) to implementeither a statewide Stage II vapor
recovery program or other measures capable of achieving emission
reductions ``comparable to those achievable'' by Stage II vapor
recovery. EPA issued guidance on this OTR comparability demonstration
in 1995 and later updated that guidance as part of its August 2012
Stage II Removal Guidance.
Delaware is required to demonstrate Stage II comparability for
areas where Stage II vapor recovery was previously mandated by CAA
section 182(b)(3) prior to EPA's issuance of its ORVR ``widespread
use'' determination; for Delaware, this applies statewide (i.e., for
New Castle, Kent, and Sussex counties). The 110(l) demonstration in
Delaware's November 17, 2020, SIP revision shows that Stage II no
longer yields VOC emissions benefits in these areas after 2016 when
operated in conjunction with ORVR, and in fact results in emissions
increases. Therefore, since Stage II provides no additional benefits
beyond ORVR, and results in increases in VOC emissions after 2016, EPA
believes that removal of Stage II satisfies the Stage II comparability
requirement of section 184 for these areas.
In addition to the CAA section 182 and 184 requirements applicable
to Stage II vapor recovery, CAA section 193 prohibits modification of
any control requirement in effect before enactment of the CAA of 1990
(i.e., November 15, 1990) in a current nonattainment area--unless
modification ``ensures equivalent or greater emission reductions.''
Therefore, a Stage II vapor recovery control program implemented under
a SIP prior to November 1990 may not be removed from the SIP until
another requirement is shown to achieve equal or greater emissions
reductions than Stage II vapor recovery. Delaware did not have a Stage
II program prior to November 15, 1990, so Stage II was not a part of
the Delaware SIP prior to that date. Therefore, this ``general savings
clause'' requirement of CAA section 193 does not apply to Delaware or
to this action.
With respect to Stage I vapor recovery requirements, Delaware's
revised regulations in 7 DE Admin. Code 1124, Sections 26.0 and 36.0
are more stringent than the previously approved version of the
rule,\14\ thus meeting the CAA section 110(l) anti-back sliding
requirements. As noted above, the revised rule requires existing GDFs
to install CARB-approved Stage I EVRS by December 31, 2025, while new
GDFs are required to install them upon construction. CARB-approved
Stage I EVRS have been certified to achieve a 98 percent reduction in
VOC emissions, compared to 95 percent for non-EVRS Stage I systems.
Thus, when non-EVRS Stage I systems in Delaware are replaced with CARB-
approved Stage I EVRS, greater emission reductions will be achieved.
---------------------------------------------------------------------------
\14\ EPA's most recent approval of 7 DE Admin. Code 1124,
Sections 26.0 and 36.0 was on August 11, 2010 (see 75 FR 48566).
---------------------------------------------------------------------------
IV. Proposed Action
EPA is proposing to approve 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 proposing to approve Delaware's revised 7 DE
Admin. Code 1124, Control of Volatile Organic Compound Emissions, and
incorporate it into the Delaware 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
notice 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 our subsequent 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 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).
EPA has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
[[Page 19833]]
<bullet> 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 proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 30, 2022.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-07214 Filed 4-5-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.