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Air Plan Approval; Washington; Southwest Clean Air Agency; Emission Standards and Controls for Sources Emitting Gasoline Vapors Publication: Federal Register Agency: Environmental Protection Agency Byline: Casey Sixkiller Date: 10 August 2023 Subjects: American Government  , The Environment, Petroleum
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[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Proposed Rules]
[Pages 54259-54263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16791]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2023-0341, FRL-11175-01-R10]
Air Plan Approval; Washington; Southwest Clean Air Agency;
Emission Standards and Controls for Sources Emitting Gasoline Vapors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
a revision to the Washington State Implementation Plan (SIP) for the
Southwest Clean Air Agency (SWCAA) jurisdiction as it relates to the
ozone National Ambient Air Quality Standard. This proposed revision
updates SWCAA's requirements in the SIP for Stage I and Stage II vapor
recovery systems at gasoline dispensing facilities including:
decommissioning existing Stage II systems incompatible with onboard
refueling vapor recovery systems on or before January 1, 2023; allowing
removal from service of Stage II vapor recovery equipment compatible
with onboard refueling vapor recovery on or after January 1, 2023; and
removing the requirement for Stage II vapor recovery at new
installations. The proposed revisions to the SIP also include, among
other changes, revised requirements for installation of enhanced
conventional nozzles, installation of low permeation hoses, and annual
testing based on facility throughput. SWCAA's submittal, in
coordination with the Washington Department of Ecology, incudes a
demonstration that such removal of Stage II requirements is consistent
with the Clean Air Act and EPA guidance.
DATES: Comments must be received on or before September 11, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2023-0341 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue--Suite 155, Seattle, WA 98101, at (206) 553-0256, or
hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
I. Background
Ozone is a gas composed of three oxygen atoms. Ground-level ozone
is generally not emitted directly from a vehicle's exhaust or an
industrial smokestack but is created by a chemical reaction between
nitrogen oxides (NOX) and volatile organic compounds (VOC)
in the presence of sunlight and high ambient temperatures. VOC and
NOX emissions often are referred to as ``precursors'' to
ozone formation. Thus, ozone is known primarily as a summertime air
pollutant. Motor vehicle exhaust and industrial emissions, gasoline
vapors, chemical solvents and natural sources can emit or contain
NOX and/or VOC. Urban areas tend to have high concentrations
of ground-level ozone, but areas without
[[Page 54260]]
significant industrial activity and with relatively low vehicular
traffic are also subject to increased ozone levels because wind carries
ozone and its precursors hundreds of miles from their sources. In 1979,
under section 109 of the Clean Air Act (CAA or the Act), the EPA
established the primary and secondary National Ambient Air Quality
Standards (NAAQS) for ozone at 0.12 parts per million (ppm) averaged
over a 1-hour period (44 FR 8202, February 8, 1979). In 1997, we
revised the primary and secondary NAAQS for ozone to set the acceptable
level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour
period (62 FR 38856, July 18, 1997). In 2008, we further revised the
primary and secondary ozone NAAQS to 0.075 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008). In 2015, we again revised the
primary and secondary ozone NAAQS to 0.070 ppm, averaged over an 8-hour
period (73 FR 16436, March 27, 2008). For additional information on
ozone, visit https://www.epa.gov/ozone-pollution.
Stage II vapor recovery is an air pollution control technology for
automobiles and other on-road mobile sources. When an automobile or
other vehicle is brought into a gas station to be refueled, the empty
portion of the gas tank on the vehicle contains gasoline vapors, which
are VOCs. When liquid gasoline is pumped into the partially empty gas
tank in the vehicle the vapors are displaced out of the tank as the
tank fills with liquid gasoline. Where air pollution control technology
is not used, these vapors are emitted into the air. In the atmosphere,
these VOCs can, in the presence of sunlight, react with NOX
and VOCs from other sources to form ozone. The Stage II system consists
of special nozzles and coaxial hoses at each gas pump that capture
vapor from the vehicle's fuel tank and route them to underground or
above ground storage tanks during the refueling process. Stage II vapor
recovery systems are specifically installed at gasoline dispensing
facilities and capture the refueling fuel vapors at the gasoline pump
nozzle. The system directs the displaced vapors back to the underground
storage tank at the gasoline dispensing facility to prevent the vapors
from escaping to the atmosphere.
Onboard refueling vapor recovery (ORVR) is another emission control
system that can capture fuel vapors from vehicle gas tanks during
refueling. ORVR systems are carbon canisters installed directly on
automobiles to capture the fuel vapors displaced from the gasoline tank
before they are released to the atmosphere. The fuel vapors captured in
the carbon canisters are then combusted in the engine when the
automobile is started and operated after refueling.
Stage II vapor recovery systems and vehicle ORVR systems were
initially both required by the 1990 Amendments to the CAA, with Stage
II requirements applying to certain nonattainment areas. Under CAA
section 182(b)(3) ozone nonattainment areas classified as moderate and
above were required to adopt Stage II requirements. CAA section
202(a)(6), requires an onboard system of capturing vehicle refueling
emissions, commonly referred to as an ORVR system. In 1994, the EPA
promulgated ORVR standards (59 FR 16262, April 6, 1994). Section
202(a)(6) of the CAA required that the EPA's ORVR standards apply to
light-duty vehicles manufactured beginning in the fourth model year
after the model year in which the standards were promulgated, and that
ORVR systems provide a minimum evaporative emission capture efficiency
of 95 percent.\1\ ORVR equipment has been phased in for new light duty
vehicles (passenger vehicles) beginning with model year 1998 and
starting with model year 2001 for light-duty trucks and most heavy-duty
gasoline powered vehicles. Since 2006, ORVR has been a required
emissions control on nearly all new gasoline-powered highway vehicles
having less than 14,000 pounds gross vehicle weight rating. CAA section
202(a)(6) provides discretionary authority to the Administrator, by
rule, to revise or waive the application of the Stage II requirements
for areas classified as Serious, Severe, or Extreme for ozone, as
appropriate, after such time as the Administrator determines that
onboard emissions control systems are in widespread use throughout the
motor vehicle fleet.
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\1\ Unlike Stage II, which is a requirement only in certain
ozone nonattainment areas, ORVR requirements apply to vehicles
everywhere.
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On May 16, 2012, the EPA issued a national rulemaking making the
finding that ORVR systems are in ``widespread use'' and determined that
emission reductions from ORVR alone are essentially equal to and will
soon surpass the emission reductions achieved by Stage II alone (see 77
FR 28772 at 28772). In the May 16, 2012 action, we noted that each
year, non-ORVR-equipped vehicles continue to be replaced with ORVR-
equipped vehicles and Stage II and ORVR systems capture the same VOC
emissions and thus, are redundant. Id. The EPA also determined that
ORVR systems are in widespread use and waived the Stage II requirement
for gasoline dispensing facilities if doing so did not interfere with
attaining or maintaining the ozone standards. Id. at 28776-28779. The
EPA 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 including a CAA section
110(l) analysis showing that its removal did not interfere with
attaining or maintaining the ozone standards. Id.
The Portland/Vancouver area was designated an interstate ozone
nonattainment area in 1978. On November 15, 1990, the CAA Amendments of
1990 were enacted. (Pub. L. 101-549, 104 Stat. 2399, codified at 42
U.S.C. 7401-7671q). Under section 181(a)(1) of the 1990 CAA, the area
was further classified as a ``Marginal'' ozone nonattainment area. This
interstate nonattainment area consisted of the southern portion of
Clark County, Washington, and portions of Multnomah, Clackamas, and
Washington Counties in Oregon. In 1997, the EPA redesignated the
Portland/Vancouver area to attainment (62 FR 27204, May 19, 1997). The
Portland/Vancouver area was designated as ``unclassifiable/attainment''
due to the data showing the area was below the new NAAQS for subsequent
updates, including the 1997 8-hour ozone NAAQS (69 FR 23857, April 30,
2004), the 2008 8-hour ozone NAAQS (77 FR 30088, May 21, 2012), and the
2015 8-hour ozone NAAQS (82 FR 54232, November 16, 2017).
The Portland/Vancouver area was not subject to Stage II
requirements under the 1990 Clean Air Act Amendments as it was
classified as Marginal nonattainment for the 1-hour NAAQS for ozone,
rather than Moderate or above. However, SWCAA in coordination with the
Washington Department of Ecology submitted SWAPCA 491 ``Emission
Standards and Controls for Sources Emitting Gasoline Vapors'' (state
effective November 21, 1996, subsequently renamed to SWCAA 491) which
contained Stage II requirements as a SIP-strengthening measure approved
concurrently with redesignation of the Portland/Vancouver area to
attainment (see proposed rulemaking, 62 FR 10501, March 7, 1997, at
page 10507). On August 11, 2015 (80 FR 48033), the EPA approved SWCAA's
maintenance plan update for the Vancouver portion of the Portland/
Vancouver area that specifically anticipated and modeled widespread use
of ORVR and the full decommissioning of Stage II in the modeling
demonstration of continued attainment through 2015. The SWCAA
maintenance plan update and the
[[Page 54261]]
modeling demonstration are included in the docket for this action.
II. SWCAA's SIP Revision
On June 22, 2023, SWCAA, in coordination with the Washington
Department of Ecology as the Governor's designee for revisions to the
SIP, submitted the current version of SWCAA 491 ``Emission Standards
and Controls for Sources Emitting Gasoline Vapors'' (state effective
February 7, 2020) for EPA approval. Since the EPA's last approval of
SWCAA 491, SWCAA revised the regulations four times. Effective June 24,
2000, SWCAA updated the regulations to revise applicability of the
Stage II vapor recovery program, which is now replaced by the
applicability provisions of the current SWCAA 491. Other changes to
SWCAA 491, effective June 24, 2000, are generally SIP-strengthening in
nature including the addition of gasoline marine vessel loading and
unloading vapor control requirements, which are now contained in the
current version of SWCAA 491. The exact revisions in 2000 are in
redline/strikeout format included in the docket for this action under
WSR 00-11-149. Effective March 18, 2001 (WSR 01-05-067), SWCAA made
minor changes to SWCAA 491 to reflect the name change from ``Southwest
Pollution Control Authority'' to ``Southwest Clean Air Agency.''
Effective June 18, 2017 (WSR 17-11-080), SWCAA consolidated all agency
fees into a single location and updated the cross reference in SWCAA
491-030 accordingly. We note that the 2000, 2001, and 2017 revisions to
SWCAA 491 were not previously submitted as updates to the SIP. However,
to the extent these revisions are retained in the current version of
SWCAA 491 submitted for approval, we are proposing to determine that
these relatively minor changes since our last update to the SIP in 1997
are approvable.
The most substantive changes to SWCAA 491 since the EPA's last
approval are detailed in WSR 20-03-031, state effective February 7,
2020. Among other changes, this revision to SWCAA 491 included the
following: added a requirement to install enhanced conventional (ECO)
nozzles; added a requirement that low permeation hoses be installed on
higher volume gasoline dispensing facilities without balance type Stage
II vapor recovery equipment by no later than January 1, 2023; added a
requirement for annual testing of Stage I vapor recovery systems; \2\
added a requirement that new or upgraded gasoline storage tanks be
equipped with Stage I enhanced vapor recovery equipment; removed a
requirement that gasoline dispensing facilities install Stage II vapor
recovery equipment; allowed removal from service of Stage II vapor
recovery equipment compatible with ORVR on or after January 1, 2023;
allowed removal from service of Stage II vapor recovery equipment
incompatible with ORVR on or after January 3, 2020; required removal
from service of Stage II vapor recovery equipment incompatible with
ORVR no later than January 1, 2023; and revised the applicability
threshold for low flow nozzles to align SWCAA rules with Federal rules.
In the SIP submittal, SWCAA provided a demonstration that VOC emission
reductions from enhanced conventional nozzles and low permeation hoses
will outweigh the annual emissions impact of removing Stage II
requirements. Therefore, SWCAA requested removal of Stage II vapor
recovery system requirements in the SIP for SWCAA's jurisdiction.
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\2\ Stage I vapor recovery is a system in which gasoline vapors
are forced from the storage tank into a vapor-tight gasoline tank
truck or vapor collection and control system through direct
displacement by the gasoline loaded into the storage tank.
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III. The EPA's Evaluation of the Revision
The EPA's primary consideration for determining the approvability
of SWCAA's revisions to remove Stage II vapor control requirements and
provide for decommissioning of Stage II equipment within SWCAA's
jurisdiction is whether these revisions comply with section 110(l) of
the Act. Section 110(l) requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (RFP), or any other applicable requirement
of the Act. The EPA can approve a SIP revision that removes or modifies
control measures in the SIP once the state or local agency makes a
``noninterference'' demonstration that such removal or modification
will not interfere with attainment of the NAAQS, RFP, or any other CAA
requirement.
The EPA reviewed SWCAA's submittal with the revised SWCAA 491
regulatory text as well as the accompanying analysis of emissions
impacts. We propose to determine that SWCAA's June 22, 2023, SIP
revision addresses the EPA's Widespread Use for Onboard Refueling Vapor
Recovery and Stage II Waiver (77 FR 28772) and is consistent with the
EPA's ``Guidance on Removing Stage II Gasoline Vapor Control Programs
from State Implementation Plans and Assessing Comparable Measures''
(EPA-457/B-12-001, August 7, 2012).\3\ In accordance with the EPA 2012
Guidance on Removing Stage II, SWCAA submitted a demonstration that the
Stage II decommissioning will not interfere with attainment or
maintenance of the ozone NAAQS. This demonstration was based on an
analysis of precursor VOC emissions from removal of Stage II controls
at GDFs, as well as emission reduction benefits from other changes to
the regulations such as requirements for enhanced conventional nozzles
and low permeation hoses. SWCAA estimated emissions impacts using the
guidance methodologies from the EPA 2012 Guidance showing an overall
benefit to air quality and a reduction of VOC emissions upon full
implementation of the rule requirements in 2023. SWCAA estimated the
impact on emissions from decommissioning Stage II in its jurisdiction
by using EPA approved equations from the same 2012 guidance, to assess
compliance with CAA 110(l). A detailed spreadsheet with the equation
calculations and supporting inputs is included in the docket for this
action.
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\3\ The guidance document is available at: https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807_page_stage2_removal_guidance.pdf.
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The demonstration indicates that the emissions benefit of retaining
Stage II requirements is rapidly diminishing with vehicle fleet
turnover and ORVR penetration. As discussed in the EPA 2012 Guidance,
the EPA has developed equations to assist states in evaluating the
emissions consequences of phasing out existing Stage II programs. These
equations may be used to calculate an ``increment,'' which identifies
the area-wide emission control gained from Stage II installations as
ORVR technology phases in. For example, using the equations in the EPA
2012 Guidance, SWCAA calculated the increment declining from 4.0% in
2020 to 1.1% in 2023 for Clark County, the most populous county in
SWCAA's jurisdiction. Projecting these increments to full
implementation of the rule in 2023, the removal of Stage II vapor
recovery systems would result in minimal increases in VOC emissions of
18.31 tons per year (tpy) for SWCAA's entire jurisdiction.
Additionally, SWCAA calculated the emission reduction benefits of
enhanced conventional nozzles and low permeation hoses. These emission
reduction benefits are estimated to be 33.84 tpy, outweighing the
emissions increase from decommissioning Stage II
[[Page 54262]]
requirements. Overall, the 2020 regulatory changes are projected to
result in a net reduction of 15.99 tpy VOC with full implementation of
the rule. In addition, the EPA expects that market saturation of ORVR-
equipped vehicles will remain static or increase in the years after
2023, meaning the air quality benefits of these changes will continue
into the future.
Lastly, the removal of Stage II is consistent with the current
maintenance plan update for the Vancouver portion of the Portland/
Vancouver ozone area (80 FR 48033, August 11, 2015). As previously
discussed, this maintenance plan update was approved by the EPA in
2015. The associated modeling, included in the docket for this action,
anticipated the decommissioning of Stage II in the projection of
continued ozone attainment for the 1997 8-hour ozone NAAQS.\4\ For the
2008 and 2015 ozone NAAQS, all counties within SWCAA's jurisdiction are
designated attainment/unclassifiable. We believe that removal of Stage
II vapor recovery systems would have a negligible impact on ozone
levels which are offset by the emission reduction benefits of other
requirements in the revised SWCAA 491. Thus, we proposed to determine
that approval of the SIP revision would not interfere with any
applicable requirement concerning attainment and maintenance of any
ozone standard and is compliant with CAA section 110(l).
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\4\ Consistent with EPA guidance, SWCAA evaluated compliance
with the 1997 8-hour ozone NAAQS because the former 1-hour ozone
NAAQS was replaced by the 1997 8-hour standard. See 62 FR 38856
(July 18, 1997) and 75 FR 24542 (May 5, 2010).
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IV. Proposed Action
We are proposing to find that SWCAA's demonstration for removal of
Stage II equipment meets section 110(l) of the Act. Therefore, we are
proposing to approve and incorporate by reference SWCAA 491 ``Emission
Standards and Controls for Sources Emitting Gasoline Vapors'' state
effective February 7, 2020. This version of the regulation removes from
the Washington SIP the requirement for Stage II vapor recovery systems
in SWCAA's jurisdiction and adds additional VOC controls such as the
installation of enhanced conventional nozzles and low permeation hoses,
as well as other historic changes since the EPA's last approval as
discussed in section II of this preamble.
V. Incorporation by Reference
In this document, the EPA is proposing to include in a final 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 SWCAA 491 discussed in section IV of this preamble. The EPA
has made, and will continue to make, these documents generally
available through https://www.regulations.gov and at the EPA Region 10
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 Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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.
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 Southwest Clean Air Agency 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.
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.
[[Page 54263]]
Dated: August 1, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-16791 Filed 8-9-23; 8:45 am]
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