Proposed Rule2025-15459
Air Plan Approval; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems
Primary source
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Published
August 14, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision removes requirements for Stage II vapor recovery equipment at gasoline dispensing facilities (GDFs). This revision also includes minor updates to Stage I vapor recovery regulatory amendments. The intended effect of this action is to propose approval of Rhode Island's revised vapor recovery regulations. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Proposed Rules]
[Pages 39139-39142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15459]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0188; FRL-12928-01-R1]
Air Plan Approval; Rhode Island; Decommissioning of Stage II
Vapor Recovery Systems
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
State of Rhode Island. This revision removes requirements for Stage II
vapor recovery equipment at gasoline dispensing facilities (GDFs). This
revision also includes minor updates to Stage I vapor recovery
regulatory amendments. The intended effect of this action is to propose
approval of Rhode Island's revised vapor recovery regulations. This
action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before September 15,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2024-0188 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#563b3724223f38333a3a3f78372f3a371633263778313920"><span class="__cf_email__" data-cfemail="b7dad6c5c3ded9d2dbdbde99d6cedbd6f7d2c7d699d0d8c1">[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, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that, if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection.
FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617)
918-1057, email: <a href="/cdn-cgi/l/email-protection#a3cec2d1d7cacdc6cfcfca8dc2dacfc2e3c6d3c28dc4ccd5"><span class="__cf_email__" data-cfemail="88e5e9fafce1e6ede4e4e1a6e9f1e4e9c8edf8e9a6efe7fe">[email protected]</span></a>.
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SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
A. Stage II Vapor Recovery
B. Stage I Vapor Recovery
II. Summary of Rhode Island's SIP Revision
III. EPA'S Evaluation of Rhode Island's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
A. Stage II Vapor Recovery
Rhode Island adopted its Stage II Vapor Recovery Program in 1992 in
order to satisfy the requirements of sections 182(b)(3) and 184(b)(2)
of the CAA. The Rhode Island Stage II vapor recovery program
requirements were codified in Rhode Island Air Pollution Control
Regulation No. 11, Petroleum Liquids Marketing and Storage, and EPA
approved the program into the Rhode Island SIP on December 17, 1993 (58
FR 65930). Rhode Island's rule required gasoline dispensing facilities
(GDFs) throughout the state to install Stage II vapor recovery systems.
Stage II vapor recovery and onboard refueling vapor recovery (ORVR)
systems are two types of emission control systems that capture fuel
vapors from vehicle gas tanks during refueling. Stage II vapor recovery
systems are installed at GDFs and capture the refueling fuel vapors at
the gasoline pump. The system carries the vapors back to the
underground storage tank at the GDF to prevent the vapors from escaping
to the atmosphere. ORVR systems are carbon canisters installed directly
on automobiles to capture the fuel vapors evacuated from the gasoline
tank before they reach the nozzle. The fuel vapors captured in the
carbon canisters are then combusted in the engine when the automobile
is in operation.
Stage II vapor recovery systems and vehicle ORVR systems were
initially both required by the 1990 Amendments to the Clean Air Act
(CAA). Section 182(b)(3) of the CAA requires Moderate and above ozone
nonattainment areas to implement Stage II vapor recovery programs.
Also, under CAA section 184(b)(2), states located in the Ozone
Transport Region (OTR) are required to implement Stage II or comparable
measures. CAA section 202(a)(6) required EPA to promulgate regulations
for ORVR for light-duty vehicles (passenger cars). EPA adopted these
requirements in 1994, at which point Moderate ozone nonattainment areas
were no longer subject to the CAA section 182(b)(3) Stage II vapor
recovery requirements; however, areas classified as Serious
nonattainment and above for ozone, continued to be subject to the CAA
section 182(b)(3) Stage II vapor recover requirements. ORVR equipment
has been phased in for new passenger vehicles beginning with model year
1998 and starting with model year 2001 for light-duty trucks and most
heavy-duty gasoline powered vehicles. ORVR equipment has been installed
on nearly all new gasoline powered light-duty vehicles, light-duty
trucks, and heavy-duty vehicles since 2006.
During the phase-in of ORVR controls, Stage II provided volatile
organic compound (VOC) reductions in ozone nonattainment areas and in
the OTR. Congress recognized that ORVR systems would eventually make
Stage II vapor recovery systems largely redundant technologies, and
provided authority to EPA to allow states to remove Stage II vapor
recovery programs from their SIPs after EPA finds that ORVR is in
``widespread use.'' In a final rule, published by EPA May 16, 2012 (77
FR 28772), EPA determined that ORVR systems are in widespread use
nationwide for control of gasoline emissions during refueling of
vehicles at GDFs. In this rulemaking, EPA indicated that more than 75
percent of gasoline refueling nationwide occurs with ORVR-equipped
vehicles. Thus, Stage II vapor recovery programs have become redundant
control systems and achieve an ever-declining emissions benefit as more
ORVR-equipped vehicles continue to enter the on-road motor vehicle
fleet.\1\ In that rulemaking, EPA also exercised its authority under
CAA section 202(a)(6) to waive certain federal statutory requirements
for Stage II vapor recovery systems at GDFs. EPA's May 16, 2012,
rulemaking waived the requirements for states to implement Stage II
vapor recovery programs in ozone nonattainment areas classified as
Serious or above. Finally, EPA's May 16, 2012, rulemaking also noted
that any state currently implementing Stage II vapor recovery programs
may submit SIP revisions that would allow for the phase-out of Stage II
vapor recovery systems. On August 7, 2012, EPA also issued guidance to
states on the process for phasing out Stage II vapor recovery systems,
titled ``Guidance on Removing Stage II Gasoline Vapor Control Programs
from State Implementation Plans and Assessing Comparable Measures,''
\2\ hereafter referred to as EPA's 2012 Guidance Document.
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\1\ In areas where certain types of vacuum-assist Stage II vapor
recovery systems are used, the differences in operational design
characteristics between ORVR and some configurations of these Stage
II vapor recovery systems result in the reduction of overall control
system efficiency compared to what could have been achieved relative
to the individual control efficiencies of either ORVR or stage II
emissions from the vehicle fuel tank.
\2\ A copy of this guidance can be found in the docket of this
proposed rulemaking.
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On June 9, 2015 (80 FR 32469) EPA approved a State Implementation
Plan (SIP) submitted by the Rhode Island Department of Environmental
Management, which allowed GDFs to decommission their Stage II vapor
recovery systems starting on December 25, 2013, and required Stage II
vapor recovery systems to be fully decommissioned by December 22, 2017.
Most recently, non-substantive changes were made in 2020 to Rhode
Island's Air Pollution Control Regulation No. 11, Petroleum Liquids
Marketing and Storage, to address Rhode Island's RACT requirements,
which EPA approved into the Rhode Island SIP on September 3, 2020 (85
FR 54924).
On February 24, 2025, the Rhode Island Department of Environmental
Management submitted a revision to its SIP. The SIP revision updates
Rhode Island's Air Pollution Control Regulation No. 11 to completely
remove reference to Stage II vapor recovery systems at GDFs and to
strengthen Stage I vapor recovery requirements.
B. Stage I Vapor Recovery
Stage I vapor recovery employs systems that capture vapors
displaced from storage tanks at GDFs during gasoline tank truck
deliveries. When gasoline is delivered into an above ground or
underground storage tank, vapors that were taking up space in the
storage tank are displaced by the gasoline entering the storage tank.
The Stage I vapor recovery systems route these displaced vapors into
the delivery truck's tank. Some vapors are vented when the storage tank
exceeds a specified pressure threshold, however the Stage I vapor
recovery systems greatly reduce the possibility of these displaced
vapors being released into the atmosphere.
Stage I vapor recovery systems have been in place since the 1970s.
EPA has issued guidance regarding Stage I systems, ``Design Criteria
for Stage I Vapor Control Systems--Gasoline Service Stations,'' \3\
which is regarded as the control techniques guideline (CTG) for the
control of VOC emissions from this source category; and the EPA
[[Page 39141]]
document ``Model Volatile Organic Compound Rules for Reasonably
Available Control Technology'' contains a model Stage I regulation.\4\
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\3\ A copy of this guidance can be found in the docket of this
proposed rulemaking.
\4\ A copy of this guidance can be found in the docket of this
proposed rulemaking.
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In more recent years, the California Air Resources Board (CARB) has
required Stage I vapor recovery systems capable of achieving vapor
control efficiencies higher than those achieved by traditional systems.
These systems are commonly referred to as Enhanced Vapor Recovery (EVR)
systems.
On June 9, 2015 (80 FR 32469), EPA approved into Rhode Island's SIP
state regulations that required all GDFs to upgrade their Stage I vapor
recovery systems to CARB-certified Stage I EVR systems or a Stage I
vapor recovery system composed of EVR system components (Stage I EVR
component systems) by December 25, 2020.
II. Summary of Rhode Island's SIP Revision
On February 24, 2025, Rhode Island submitted a SIP revision
consisting of its revised Air Pollution Control Regulation No. 11,
Petroleum Liquids Marketing and Storage. This SIP revision removes the
entire section of 11.14 currently in the SIP, regarding Stage II vapor
controls of GDFs. The revision also contains updates to the following
sections currently in the SIP, regarding Stage I vapor controls: 11.4
(``Incorporated Materials''), 11.5 (``Definitions''), 11.7 (``Bulk
Gasoline Terminal''), and 11.9 (``Gasoline Dispensing Facility Stage I
Vapor Controls and General Requirements'').
In particular, the SIP revision incorporates CARB's Vapor Recovery
Phase I EVR Executive Orders by reference in the ``Incorporated
Materials'' section (renumbered in the February 24, 2025, SIP submittal
as section 11.2). To reflect this change, the revision adds two
definitions for the following terms to the ``Definitions'' section
(renumbered in the February 24, 2025, SIP submittal as section 11.3):
``California Air Resources Board (CARB) certified enhanced vapor
recovery (EVR) Stage I component or CARB-certified EVR Stage 1
component'' and ``California Air Resources Board (CARB) certified
enhanced vapor recovery (EVR) stage I vapor control system or CARB-
certified EVR stage I vapor control system.'' A definition for ``Motor
Vehicle Fuel'' has been added as well, along with minor edits to
existing definitions.
The SIP submittal also revises the language of section 11.9, which
underlines the required conditions of a GDF Stage I vapor control
system. For example, the revision clarifies that an owner of a gasoline
storage or delivery vessel must adhere to two other Rhode Island
regulations when making modifications or repairs to their vehicles.
Additionally, subsection 11.9.2(F) now specifies that GDFs must be
equipped with a dual-point CARB-certified Stage I EVR system or a CARB-
certified EVR Stage I Component System and cannot install a coaxial
Stage 1 system, with allowance to repair an already existing one.
Furthermore, the SIP submittal clarifies the ``Stage I Operation,
Maintenance and Compliance Testing'' requirements (renumbered in the
February 24, 2025, SIP submittal as subsection 11.7.3) by adding
various Stage I vapor control system tests as well as clarifying
language in accordance with applicable CARB Executive Orders added to
section 11.2 (``Incorporated Materials'') of the regulation. Rhode
Island also formulated a new subsection, 11.7.4 to maintain existing
recordkeeping and reporting of Stage 1 vapor recovery systems. Lastly,
the SIP revision contains other minor changes such as an update to the
bulk gas terminals prohibition regulations in subsection 11.7.1 and
minor numerical, grammatical, format and reference changes throughout
the regulation.
III. EPA's Evaluation of Rhode Island's SIP Revision
EPA has reviewed Rhode Island's revised Air Pollution Control
Regulation No. 11, Petroleum Liquids Marketing and Storage, and has
made the preliminary determination that approval into Rhode Island's
SIP is consistent with the CAA. As an initial matter, EPA previously
found that Rhode Island's phase-out of Stage II vapor recovery systems
by 2017 was consistent with EPA's widespread use rule (77 FR 28772) and
EPA's 2012 Guidance Document. At the same time, EPA also concluded that
the phase-out was consistent with CAA section 110(l) anti-backsliding
requirements for Stage II decommissioning. 80 FR 32469. Accordingly,
EPA approved the phase-out into the SIP in 2015. Id. Now that Rhode
Island has completed the phase-out and GDFs in the State no longer
employ Stage II vapor recovery systems, the revision striking section
11.14 from the SIP would simply remove now-obsolete provisions that are
no longer applicable to any GDFs in the State. As a result, the
revision is an administrative change that will not impact emissions.
With respect to Stage I vapor recovery requirements, the revisions, by
incorporating the CARB Executive Orders, remove ambiguity about which
Stage I vapor control systems satisfy Rhode Island's requirements. The
revisions also provide important clarifications regarding testing
procedures required for the Stage I systems. For these reasons, Rhode
Island's revised Regulation No. 11 is equally as stringent, or more
stringent, than the previously approved version of the rule. Thus,
Rhode Island meets the CAA section 110(l) anti-back sliding
requirements.
IV. Proposed Action
EPA is proposing to approve Rhode Island's February 24, 2025, SIP
revision to their Air Pollution Control Regulation No. 11, Petroleum
Liquids Marketing and Storage, and incorporate it into the Rhode Island
SIP. This SIP revision meets all applicable requirements of the Clean
Air Act and EPA 2012 Guidance Document.
EPA is soliciting public comments on the issues discussed in this
notice or on other relevant matters. These comments will be considered
before taking final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the aforementioned Rhode Island's revised Air Pollution
Control Regulation No. 11, Petroleum Liquids Marketing and Storage,
subsections identified in section II of this proposal. The EPA has
made, and will continue to make, these documents generally available
through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 1 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. See 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
[[Page 39142]]
Air Act. Accordingly, this proposed action merely approves state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
<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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 4, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
[FR Doc. 2025-15459 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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