81 FR 42597 - Air Plan Approval; Ohio; Removal of Stage II Gasoline Vapor Recovery Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 126 (June 30, 2016)
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42597-42600 | |
| FR Document | 2016-15617 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Proposed Rules] [Pages 42597-42600] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15617] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0522; FRL-9948-51-Region 5] Air Plan Approval; Ohio; Removal of Stage II Gasoline Vapor Recovery 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 submitted by the Ohio Environmental Protection Agency (Ohio EPA) on July 15, 2015 and February 29, 2016, concerning the state's Stage II vapor recovery (Stage II) program for the Cleveland, Cincinnati, and Dayton ozone areas in Ohio. The revision removes Stage II requirements for the three areas as a component of the Ohio ozone SIP. The submittal also includes a demonstration as required by the Clean Air Act (CAA) that addresses emissions impacts associated with the removal of the program. DATES: Comments must be received on or before August 1, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2015-0522 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ``For Further Information Contact'' section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION section is arranged as follows: I. Background II. What changes have been made to the Ohio Stage II vapor recovery program? III. What is EPA's analysis of the state's submittal? IV. What action is EPA proposing to take? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background Stage II and onboard refueling vapor recovery systems (ORVR) are two types of emission control systems that capture fuel vapors from vehicle gas tanks during refueling. Stage II systems are specifically installed at gasoline dispensing facilities (GDF) and capture the refueling fuel vapors at the gasoline pump nozzle. 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 and vehicle ORVR were initially both required by the 1990 Amendments to the CAA under sections 182(b)(3) and 202(a)(6), respectively. In some areas Stage II has been in place for over 25 years, but Stage II was not widely implemented by the states until the early to mid-1990s as a result of the CAA requirements for moderate, serious, severe, and extreme ozone nonattainment areas, and for states in the Northeast Ozone Transport Region (OTR) under CAA section 184(b)(2). 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 section 182(b)(3) Stage II requirement. However, some moderate areas retained Stage II requirements to provide a control method to comply with rate-of-progress emission reduction targets. ORVR equipment has been phased in for new passenger vehicles beginning with model year 1998, and starting in 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 has provided volatile organic compound (VOC) reductions in ozone nonattainment areas and certain attainment areas of the OTR. Congress recognized that ORVR and Stage II would eventually become largely redundant technologies, and provided authority to EPA to allow states to remove Stage II from their SIPs after EPA finds that ORVR is in widespread use. Effective May 16, 2012 (77 FR 28772), EPA determined that ORVR is in widespread nationwide use for control of gasoline emissions during refueling of vehicles at GDFs. Currently, more than 75 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles, so Stage II programs have become largely redundant control [[Page 42598]] systems and Stage II systems achieve an ever declining emissions benefit as more ORVR-equipped vehicles continue to enter the on-road motor vehicle fleet.\1\ --------------------------------------------------------------------------- \1\ In areas where certain types of vacuum-assist Stage II systems are used, the differences in operational design characteristics between ORVR and some configurations of these Stage II 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. --------------------------------------------------------------------------- EPA also exercised its authority under CAA section 202(a)(6) to waive certain Federal statutory requirements for Stage II gasoline vapor recovery at GDFs. This decision exempts all new ozone nonattainment areas classified serious or above from the requirement to adopt Stage II control programs. Similarly, any state currently implementing Stage II programs may submit SIP revisions that, once approved by EPA, would allow for the phase out of Stage II control systems. To assist states in the development of SIP revisions to remove Stage II requirements from their SIPs, EPA released its ``Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures'' (EPA-457/B-12- 001) on August 7, 2012. II. What changes have been made to the Ohio Stage II vapor recovery program? The Ohio EPA originally submitted a SIP revision to EPA on June 7, 1993, to satisfy the requirement of section 182(b)(3) of the CAA. The revision applied to the Cleveland (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit counties), Cincinnati (Butler, Clermont, Hamilton and Warren counties), and Dayton (Clark, Greene, Miami and Montgomery counties) ozone nonattainment areas in Ohio. EPA partially approved Ohio's Stage II program on October 20, 1994 (59 FR 52911), including the program's legal authority and administrative requirements found in the Ohio Administrative Code (OAC) rules 3745-21- 09 (DDD)(1)-(4). As a result of EPA's May 16, 2012 determination that ORVR is in widespread nationwide use for control of gasoline emissions during refueling of vehicles at GDFs, Ohio EPA initiated a rulemaking process to revise its SIP to remove Stage II requirements for all facilities in the Cleveland, Cincinnati and Dayton areas. As part of that rulemaking process, an Ohio-specific analysis following EPA's recommended methodology was also completed. The analysis concluded that, starting in calendar year 2017, ORVR would be in widespread use in Ohio and that there would be no remaining emissions reduction benefit from Stage II requirements beyond the benefits from ORVR. On July 15, 2015, and February 29, 2016, the Ohio EPA submitted a SIP revision requesting EPA approval of amendments to OAC 3745-21-09 (DDD) that removes Stage II requirements from the Ohio ozone SIP and allows GDFs currently implementing Stage II in the Cleveland, Cincinnati and Dayton areas to decommission their systems by 2017. To support the removal of the Stage II requirements, the revision included amended copies of OAC 3745-21-09 (DDD), as adopted on April 29, 2013, and January 17, 2014; a summary of Ohio-specific calculations based on EPA guidance used to calculate program benefits and demonstrate widespread use of ORVR in Ohio; and a section 110(l) demonstration that includes documentation that addresses the period, 2013-2017, when Stage II requirements were waived in Ohio but widespread use of ORVR has not yet occurred. III. What is EPA's analysis of the state's submittal? EPA's primary consideration for determining the approvability of Ohio's request is whether this requested action complies with section 110(l) of the CAA.\2\ --------------------------------------------------------------------------- \2\ CAA section 193 is not relevant because Ohio's Stage II rule was not included in the SIP before the 1990 CAA amendments. --------------------------------------------------------------------------- Section 110(l) requires that a revision to the SIP not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. EPA evaluates each section 110(l) noninterference demonstration on a case-by-case basis considering the circumstances of each SIP revision. EPA interprets 110(l) as applying to all national ambient air quality standards (NAAQS) that are in effect, including those that have been promulgated but for which EPA has not yet made designations. The degree of the analysis focused on any particular NAAQS in a noninterference demonstration varies depending on the nature of the emissions associated with the proposed SIP revision. In its July 15, 2015, and February 29, 2016, SIP revision, the Ohio EPA used EPA's guidance to conduct a series of calculations to determine the potential impact of removing the Stage II program on air quality.\3\ Ohio EPA's analysis focused on VOC emissions because, as mentioned previously, Stage II requirements affect VOC emissions and because VOCs are a precursor for ground-level ozone formation.\4\ --------------------------------------------------------------------------- \3\ EPA, Guidance on Removing Stage II Gasoline Vapor Control Program from State Implementation Plans and Assessing Comparable Measure, EPA-457/B-12-001 (August 7, 2012), available at: http://www.epa.gov/groundlevelozone/pdfs/20120807guidance.pdf. This guidance document notes that ``the potential emission control losses from removing Stage II vapor recovery systems (VRS) are transitional and relatively small. ORVR-equipped vehicles will continue to phase in to the fleet over the coming years and will exceed 80 percent for all highway gasoline vehicles and 85 percent of all gasoline dispensed during 2015. As the number of these ORVE-equipped vehicles increase, the control of attributed to Stage II VRS will decrease even further, and the potential foregone Stage II VOC emission reductions are generally expected to be no more than one percent of the VOC inventory in the area.'' \4\ Cleveland is currently designated nonattainment for the 2012 Annual fine particulate matter (PM2.5 ) NAAQS. While VOC is one of the precursors for PM2.5 formation, a study (Journal of Environmental Engineering--Qualifying the sources of ozone, fine particulate matter, and regional haze in the Southeastern United States, June 24, 2009, available at: http://www.journals.elsevier.com/journal-ofenvironmental-management) indicates that in portions the Midwest (including portions of Ohio) where Stage II has been implemented, emissions of PM2.5 and the precursor sulfur dioxide (SO2 ) are more significant to ambient PM2.5 concentrations than nitrogen oxides (NOx) and VOC. Specifically, PM2.5 sensitivities to anthropogenic VOC emissions are near zero for the entire region, including the Cincinnati region. This study also indicated that the impact of SO2 emission, especially from electric generating units, was most significant in the Cincinnati area due to SO2 emissions in the entire mid-west region (Wisconsin, Illinois, Indiana, Michigan, and Ohio). In fact, emissions from the mid-west had the largest effect in the Cleveland and Dayton areas. The technical analysis has met EPA's guidance and demonstrates anthropogenic VOCs are insignificant to the formation of PM2.5 in these areas. Currently, the Cleveland area is also designated nonattainment for sulfur dioxide (Lake Co.) and lead (Cuyahoga Co.) and those pollutants are not affected by the removal of Stage II requirements. --------------------------------------------------------------------------- Ohio EPA has calculated that beginning in 2017, ORVR will be in widespread use in all three program areas and the absence of the Ohio Stage II program starting in 2017 would not result in a net VOC emissions increase compared to the continued utilization of this emissions control technology. The emission reduction losses resulting from removing Stage II before 2017 are transitional and relatively small since ORVR-equipped vehicles will continue to phase into the fleet over the coming years. Ohio EPA's calculation indicates a maximum potential loss of 1.858 tons per summer day (tpsd) in Cleveland, 0.914 tpsd in Cincinnati, and 0.655 tpsd in Dayton from 2013 through 2016. In 2013, the year with the highest level of emission increases, these summer day emissions increases are only 0.21 percent to 0.26 percent of the typical summer day VOC emissions rate in the three areas. These emissions increases [[Page 42599]] are insignificant with respect to the total summer day VOC emission rates of all sectors in these areas. Also it is important to note that the minimal emissions increase significantly decreases over the next two years (2014 and 2015) and becomes an emissions decrease in 2017 and all years thereafter. To help offset the initial emissions increases during the Stage II phase out period, Ohio EPA is requiring the installation of low permeation hoses at GDFs. Ohio EPA has calculated that low permeation hoses will provide 42.9 tons of VOC emission reductions each year during the ozone seasons (21.4 tons for Cleveland area, 13.6 tons for Cincinnati area, and 7.9 for Dayton area) starting in 2013. Table 1 shows the increase of emissions associated with the phase out of State II systems at facilities in all program areas in Ohio starting in 2013, as well as offset emissions associated with the requirement of low permeation hoses at GDFs. Table 1--VOC Emissions During Ozone Season [Tons per day] ---------------------------------------------------------------------------------------------------------------- 2013 2014 2015 2016 2017 ---------------------------------------------------------------------------------------------------------------- Cleveland Area ---------------------------------------------------------------------------------------------------------------- Stage II Phase-out.............. 0.910 0.580 0.300 0.068 -0.116 Low Permeation Hoses............ -0.14 -0.14 -0.14 -0.14 -0.14 ------------------------------------------------------------------------------- Daily Total..................... 0.77 0.44 0.16 -0.072 -0.26 Typical Summer Day.............. 367.17 367.17 367.17 367.17 367.17 % of Summer Day................. 0.21% 0.12% 0.043% -0.019% -0.26% ---------------------------------------------------------------------------------------------------------------- Cincinnati Area ---------------------------------------------------------------------------------------------------------------- Stage II Phase-out.............. 0.440 0.284 0.151 0.039 -0.053 Low Permeation Hoses............ -0.089 -0.089 -0.089 -0.089 -0.089 ------------------------------------------------------------------------------- Daily Total..................... 0.35 0.20 0.062 -0.050 -0.14 Typical Summer Day.............. 147.05 147.05 147.05 147.05 147.05 % of Summer Day................. 0.24% 0.13% 0.042% -0.034% -0.096% ---------------------------------------------------------------------------------------------------------------- Dayton Area ---------------------------------------------------------------------------------------------------------------- 2013............................ 2014 2015 2016 2017 Stage II Phase-out.............. 0.310 0.201 0.110 0.034 -0.027 Low Permeation Hoses............ -0.052 -0.052 -0.052 -0.052 -0.052 ------------------------------------------------------------------------------- Daily Total..................... 0.26 0.15 0.058 -0.018 -0.079 Typical Summer Day.............. 99.66 99.66 99.66 99.66 99.66 % of Summer Day................. 0.26% 0.15% 0.058% -0.018% -0.079% ---------------------------------------------------------------------------------------------------------------- As illustrated in Table 1, and documented in Ohio's SIP revision, for each year prior to the widespread use of ORVR in Ohio (2017) starting in 2013, the VOC emissions increase associated with the removal of Stage II systems is eventually offset by the VOC emission reductions attributed to ORVR being in widespread use in Ohio and the requirement of low permeation hoses at GDFs. EPA believes that the removal of the Ohio Stage II program does not interfere with Ohio's ability to demonstrate compliance with the 8-hour ozone NAAQS in all three areas. This is based on the use of permanent, enforceable, contemporaneous, surplus emissions reductions achieved through the requirement of low permeation hoses at GDFs, and the fact that the small emissions increase is both temporary and insignificant with respect to the total summer day emission rates for sectors in these areas. EPA also examined whether the removal of Stage II program requirements in all three areas will interfere with attainment of other air quality standards. All the counties in the Dayton area are designated attainment for all standards, including sulfur dioxide and nitrogen dioxide. Cincinnati is designated attainment for all standards other than ozone and sulfur dioxide. The Cleveland area is designated attainment for all standards other than ozone, lead (Cuyahoga Co.), sulfur dioxide (Lake Co.) and particulate matter (Cuyahoga and Lorain Counties). Based on Ohio EPA's 110(l) analysis, EPA has no reason to believe that the removal of the Stage II program in Ohio will cause the areas to become nonattainment for any of these pollutants. In addition, EPA believes that removing the Stage II program requirements in Ohio will not interfere with the areas' ability to meet any other CAA requirement. Based on the above discussion and the state's section 110(l) demonstration, EPA believes that removal of the Stage II program would not interfere with attainment or maintenance of any of the NAAQS in the Cleveland, Cincinnati, and Dayton areas and would not interfere with any other applicable requirement of the CAA, and thus, are approvable under CAA section 110(l). IV. What action is EPA proposing to take? EPA is proposing to approve the revision to the Ohio ozone SIP submitted by Ohio EPA on July 15, 2015, and February 26, 2016, because we find that the revision meets all applicable requirements and it would not interfere with reasonable further progress or attainment of any of the NAAQS. V. Incorporation by Reference In this rule, 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, EPA is proposing to incorporate by reference Ohio rule 3745-21-09 ``Control of emissions of volatile organic [[Page 42600]] compounds from stationary sources and perchloroethylene from dry cleaning facilities.'' effective January 17, 2014. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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); 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 CAA; and 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, 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, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Volatile organic compounds. Dated: June 27, 2016. Robert Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2016-15617 Filed 6-29-16; 8:45 am] BILLING CODE 6560-50-P
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application of those requirements would emissions impacts associated with the specifically installed at gasoline
be inconsistent with the CAA; and removal of the program. dispensing facilities (GDF) and capture
• Does not provide the EPA with the DATES: Comments must be received on the refueling fuel vapors at the gasoline
discretionary authority to address, as or before August 1, 2016. pump nozzle. The system carries the
appropriate, disproportionate human ADDRESSES: Submit your comments,
vapors back to the underground storage
health or environmental effects, using identified by Docket ID No. EPA–R05– tank at the GDF to prevent the vapors
practicable and legally permissible OAR–2015–0522 at http:// from escaping to the atmosphere. ORVR
methods, under Executive Order 12898 www.regulations.gov, or via email to systems are carbon canisters installed
(59 FR 7629, February 16, 1994). persoon.carolyn@epa.gov. For directly on automobiles to capture the
In addition, the SIP is not approved fuel vapors evacuated from the gasoline
comments submitted at Regulations.gov,
to apply on any Indian reservation land tank before they reach the nozzle. The
follow the online instructions for
or in any other area where the EPA or fuel vapors captured in the carbon
submitting comments. Once submitted,
an Indian tribe has demonstrated that a canisters are then combusted in the
comments cannot be edited or removed
tribe has jurisdiction. In those areas of engine when the automobile is in
from Regulations.gov. For either manner
Indian country, the proposed rule does operation. Stage II and vehicle ORVR
of submission, EPA may publish any
not have tribal implications and will not were initially both required by the 1990
comment received to its public docket.
impose substantial direct costs on tribal Amendments to the CAA under sections
Do not submit electronically any
governments or preempt tribal law as 182(b)(3) and 202(a)(6), respectively. In
information you consider to be
specified by Executive Order 13175 (65 some areas Stage II has been in place for
Confidential Business Information (CBI)
FR 67249, November 9, 2000). over 25 years, but Stage II was not
or other information whose disclosure is widely implemented by the states until
List of Subjects in 40 CFR Part 52 restricted by statute. Multimedia the early to mid-1990s as a result of the
submissions (audio, video, etc.) must be CAA requirements for moderate,
Environmental protection, Air
accompanied by a written comment. serious, severe, and extreme ozone
pollution control, Carbon monoxide,
The written comment is considered the nonattainment areas, and for states in
Incorporation by reference,
official comment and should include the Northeast Ozone Transport Region
Intergovernmental relations, Lead,
discussion of all points you wish to (OTR) under CAA section 184(b)(2).
Nitrogen dioxide, Ozone, Particulate
make. EPA will generally not consider CAA section 202(a)(6) required EPA
matter, Reporting and recordkeeping
comments or comment contents located to promulgate regulations for ORVR for
requirements, Sulfur oxides, Volatile
outside of the primary submission (i.e. light-duty vehicles (passenger cars).
organic compounds.
on the web, cloud, or other file sharing EPA adopted these requirements in
Authority: 42 U.S.C. 7401 et seq. system). For additional submission 1994, at which point moderate ozone
Dated: June 22, 2016. methods, please contact the person nonattainment areas were no longer
Ron Curry, identified in the ‘‘For Further subject to the section 182(b)(3) Stage II
Regional Administrator, Region 6. Information Contact’’ section. For the requirement. However, some moderate
[FR Doc. 2016–15618 Filed 6–29–16; 8:45 am]
full EPA public comment policy, areas retained Stage II requirements to
information about CBI or multimedia provide a control method to comply
BILLING CODE 6560–50–P
submissions, and general guidance on with rate-of-progress emission reduction
making effective comments, please visit targets. ORVR equipment has been
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ phased in for new passenger vehicles
AGENCY commenting-epa-dockets. beginning with model year 1998, and
FOR FURTHER INFORMATION CONTACT: starting in 2001 for light-duty trucks and
40 CFR Part 52 Francisco J. Acevedo, Mobile Source most heavy-duty gasoline-powered
Program Manager, Control Strategies vehicles. ORVR equipment has been
[EPA–R05–OAR–2015–0522; FRL–9948–51–
Region 5] Section, Air Programs Branch (AR–18J), installed on nearly all new gasoline-
Environmental Protection Agency, powered light-duty vehicles, light-duty
Air Plan Approval; Ohio; Removal of Region 5, 77 West Jackson Boulevard, trucks and heavy-duty vehicles since
Stage II Gasoline Vapor Recovery Chicago, Illinois 60604, (312) 886–6061, 2006.
Requirements acevedo.francisco@epa.gov. During the phase-in of ORVR controls,
SUPPLEMENTARY INFORMATION: Stage II has provided volatile organic
AGENCY: Environmental Protection Throughout this document whenever compound (VOC) reductions in ozone
Agency (EPA). ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean nonattainment areas and certain
ACTION: Proposed rule. EPA. This SUPPLEMENTARY INFORMATION attainment areas of the OTR. Congress
section is arranged as follows: recognized that ORVR and Stage II
SUMMARY: The Environmental Protection would eventually become largely
Agency (EPA) is proposing to approve a I. Background redundant technologies, and provided
State Implementation Plan (SIP) II. What changes have been made to the authority to EPA to allow states to
revision submitted by the Ohio Ohio Stage II vapor recovery program?
III. What is EPA’s analysis of the state’s
remove Stage II from their SIPs after
Environmental Protection Agency (Ohio submittal? EPA finds that ORVR is in widespread
EPA) on July 15, 2015 and February 29, IV. What action is EPA proposing to take? use.
2016, concerning the state’s Stage II Effective May 16, 2012 (77 FR 28772),
sradovich on DSK3GDR082PROD with PROPOSALS
V. Incorporation by Reference
vapor recovery (Stage II) program for the VI. Statutory and Executive Order Reviews EPA determined that ORVR is in
Cleveland, Cincinnati, and Dayton widespread nationwide use for control
ozone areas in Ohio. The revision I. Background of gasoline emissions during refueling of
removes Stage II requirements for the Stage II and onboard refueling vapor vehicles at GDFs. Currently, more than
three areas as a component of the Ohio recovery systems (ORVR) are two types 75 percent of gasoline refueling
ozone SIP. The submittal also includes of emission control systems that capture nationwide occurs with ORVR-equipped
a demonstration as required by the fuel vapors from vehicle gas tanks vehicles, so Stage II programs have
Clean Air Act (CAA) that addresses during refueling. Stage II systems are become largely redundant control
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are insignificant with respect to the total To help offset the initial emissions area, and 7.9 for Dayton area) starting in
summer day VOC emission rates of all increases during the Stage II phase out 2013. Table 1 shows the increase of
sectors in these areas. Also it is period, Ohio EPA is requiring the emissions associated with the phase out
important to note that the minimal installation of low permeation hoses at of State II systems at facilities in all
emissions increase significantly GDFs. Ohio EPA has calculated that low program areas in Ohio starting in 2013,
decreases over the next two years (2014 permeation hoses will provide 42.9 tons as well as offset emissions associated
and 2015) and becomes an emissions of VOC emission reductions each year with the requirement of low permeation
decrease in 2017 and all years during the ozone seasons (21.4 tons for hoses at GDFs.
thereafter. Cleveland area, 13.6 tons for Cincinnati
TABLE 1—VOC EMISSIONS DURING OZONE SEASON
[Tons per day]
2013 2014 2015 2016 2017
Cleveland Area
Stage II Phase-out ............................................................... 0.910 0.580 0.300 0.068 ¥0.116
Low Permeation Hoses ........................................................ ¥0.14 ¥0.14 ¥0.14 ¥0.14 ¥0.14
Daily Total ............................................................................ 0.77 0.44 0.16 ¥0.072 ¥0.26
Typical Summer Day ........................................................... 367.17 367.17 367.17 367.17 367.17
% of Summer Day ............................................................... 0.21% 0.12% 0.043% ¥0.019% ¥0.26%
Cincinnati Area
Stage II Phase-out ............................................................... 0.440 0.284 0.151 0.039 ¥0.053
Low Permeation Hoses ........................................................ ¥0.089 ¥0.089 ¥0.089 ¥0.089 ¥0.089
Daily Total ............................................................................ 0.35 0.20 0.062 ¥0.050 ¥0.14
Typical Summer Day ........................................................... 147.05 147.05 147.05 147.05 147.05
% of Summer Day ............................................................... 0.24% 0.13% 0.042% ¥0.034% ¥0.096%
Dayton Area
2013 ..................................................................................... 2014 2015 2016 2017
Stage II Phase-out ............................................................... 0.310 0.201 0.110 0.034 ¥0.027
Low Permeation Hoses ........................................................ ¥0.052 ¥0.052 ¥0.052 ¥0.052 ¥0.052
Daily Total ............................................................................ 0.26 0.15 0.058 ¥0.018 ¥0.079
Typical Summer Day ........................................................... 99.66 99.66 99.66 99.66 99.66
% of Summer Day ............................................................... 0.26% 0.15% 0.058% ¥0.018% ¥0.079%
As illustrated in Table 1, and requirements in all three areas will attainment or maintenance of any of the
documented in Ohio’s SIP revision, for interfere with attainment of other air NAAQS in the Cleveland, Cincinnati,
each year prior to the widespread use of quality standards. All the counties in and Dayton areas and would not
ORVR in Ohio (2017) starting in 2013, the Dayton area are designated interfere with any other applicable
the VOC emissions increase associated attainment for all standards, including requirement of the CAA, and thus, are
with the removal of Stage II systems is sulfur dioxide and nitrogen dioxide. approvable under CAA section 110(l).
eventually offset by the VOC emission Cincinnati is designated attainment for IV. What action is EPA proposing to
reductions attributed to ORVR being in all standards other than ozone and take?
widespread use in Ohio and the sulfur dioxide. The Cleveland area is
requirement of low permeation hoses at designated attainment for all standards EPA is proposing to approve the
GDFs. other than ozone, lead (Cuyahoga Co.), revision to the Ohio ozone SIP
sulfur dioxide (Lake Co.) and particulate submitted by Ohio EPA on July 15,
EPA believes that the removal of the
matter (Cuyahoga and Lorain Counties). 2015, and February 26, 2016, because
Ohio Stage II program does not interfere
Based on Ohio EPA’s 110(l) analysis, we find that the revision meets all
with Ohio’s ability to demonstrate
EPA has no reason to believe that the applicable requirements and it would
compliance with the 8-hour ozone
removal of the Stage II program in Ohio not interfere with reasonable further
NAAQS in all three areas. This is based
will cause the areas to become progress or attainment of any of the
on the use of permanent, enforceable,
nonattainment for any of these NAAQS.
contemporaneous, surplus emissions
reductions achieved through the pollutants. In addition, EPA believes V. Incorporation by Reference
sradovich on DSK3GDR082PROD with PROPOSALS
requirement of low permeation hoses at that removing the Stage II program In this rule, EPA is proposing to
GDFs, and the fact that the small requirements in Ohio will not interfere include in a final EPA rule regulatory
emissions increase is both temporary with the areas’ ability to meet any other text that includes incorporation by
and insignificant with respect to the CAA requirement. reference. In accordance with
total summer day emission rates for Based on the above discussion and requirements of 1 CFR 51.5, EPA is
sectors in these areas. the state’s section 110(l) demonstration, proposing to incorporate by reference
EPA also examined whether the EPA believes that removal of the Stage Ohio rule 3745–21–09 ‘‘Control of
removal of Stage II program II program would not interfere with emissions of volatile organic
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![42600 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Proposed Rules
compounds from stationary sources and practicable and legally permissible www.regulations.gov, or via email to
perchloroethylene from dry cleaning methods, under Executive Order 12898 limaye.vijay@epa.gov. For comments
facilities.’’ effective January 17, 2014. (59 FR 7629, February 16, 1994). submitted at Regulations.gov, follow the
EPA has made, and will continue to In addition, the SIP is not approved online instructions for submitting
make, these documents generally to apply on any Indian reservation land comments. Once submitted, comments
available through www.regulations.gov or in any other area where EPA or an cannot be edited or removed from
and/or at the EPA Region 5 Office Indian tribe has demonstrated that a Regulations.gov. For either manner of
(please contact the person identified in tribe has jurisdiction. In those areas of submission, the EPA may publish any
the ‘‘For Further Information Contact’’ Indian country, the rule does not have comment received to its public docket.
section of this preamble for more tribal implications and will not impose Do not submit electronically any
information). substantial direct costs on tribal information you consider to be
governments or preempt tribal law as Confidential Business Information (CBI)
VI. Statutory and Executive Order
specified by Executive Order 13175 (65 or other information whose disclosure is
Reviews
FR 67249, November 9, 2000). restricted by statute. Multimedia
Under the CAA, the Administrator is submissions (audio, video, etc.) must be
required to approve a SIP submission List of Subjects in 40 CFR Part 52
accompanied by a written comment.
that complies with the provisions of the Environmental protection, Air The written comment is considered the
CAA and applicable Federal regulations. pollution control, Incorporation by official comment and should include
42 U.S.C. 7410(k); 40 CFR 52.02(a). reference, Intergovernmental relations, discussion of all points you wish to
Thus, in reviewing SIP submissions, Nitrogen oxides, Ozone, Volatile organic make. The EPA will generally not
EPA’s role is to approve state choices, compounds. consider comments or comment
provided that they meet the criteria of Dated: June 27, 2016. contents located outside of the primary
the CAA. Accordingly, this action Robert Kaplan, submission (i.e. on the Web, cloud, or
merely approves state law as meeting other file sharing system). For
Acting Regional Administrator, Region 5.
Federal requirements and does not additional submission methods, please
[FR Doc. 2016–15617 Filed 6–29–16; 8:45 am]
impose additional requirements beyond contact the person identified in the FOR
those imposed by state law. For that BILLING CODE 6560–50–P
FURTHER INFORMATION CONTACT section.
reason, this action: For the full EPA public comment policy,
• Is not a ‘‘significant regulatory information about CBI or multimedia
action’’ subject to review by the Office ENVIRONMENTAL PROTECTION
AGENCY submissions, and general guidance on
of Management and Budget under making effective comments, please visit
Executive Orders 12866 (58 FR 51735, 40 CFR Part 52 http://www2.epa.gov/dockets/
October 4, 1993) and 13563 (76 FR 3821, commenting-epa-dockets.
January 21, 2011); [EPA–R09–OAR–2015–0846; FRL–9948–39–
FOR FURTHER INFORMATION CONTACT:
• Does not impose an information Region 9]
Vijay Limaye, U.S. EPA, Region 9,
collection burden under the provisions
Promulgation of Air Quality Planning Office, Air Division, AIR–2, 75
of the Paperwork Reduction Act (44
Implementation Plans; Arizona; Hawthorne Street, San Francisco, CA
U.S.C. 3501 et seq.);
• Is certified as not having a Regional Haze Federal Implementation 94105. Vijay Limaye can be reached at
significant economic impact on a Plan; Reconsideration telephone number (415) 972–3086 and
substantial number of small entities via electronic mail at limaye.vijay@
AGENCY: Environmental Protection epa.gov.
under the Regulatory Flexibility Act (5 Agency (EPA).
U.S.C. 601 et seq.); SUPPLEMENTARY INFORMATION:
ACTION: Proposed rule.
• Does not contain any unfunded Throughout this document, ‘‘we,’’ ‘‘us,’’
mandate or significantly or uniquely SUMMARY: The Environmental Protection and ‘‘our’’ refer to the EPA.
affect small governments, as described Agency (EPA) is proposing to revise Table of Contents
in the Unfunded Mandates Reform Act provisions of the Arizona Regional Haze
of 1995 (Pub. L. 104–4); Federal Implementation Plan (FIP) I. General Information
• Does not have Federalism applicable to the Phoenix Cement
II. Background
implications as specified in Executive III. Proposed FIP Revision for the PCC
Company (PCC) Clarkdale Plant and the Clarkdale Plant and the CPC Rillito Plant
Order 13132 (64 FR 43255, August 10, CalPortland Cement (CPC) Rillito Plant. IV. The EPA’s Proposed Action
1999); In response to requests for V. Statutory and Executive Order Reviews
• Is not an economically significant reconsideration from the plants’ owners,
regulatory action based on health or we propose to replace the control I. General Information
safety risks subject to Executive Order technology optimization requirements A. Definitions
13045 (62 FR 19885, April 23, 1997); for nitrogen oxides (NOX) applicable to
• Is not a significant regulatory action For the purpose of this document, we
Kiln 4 at the Clarkdale Plant and Kiln
subject to Executive Order 13211 (66 FR are giving meaning to certain words or
4 at the Rillito Plant with a series of
28355, May 22, 2001); initials as follows:
• Is not subject to requirements of revised recordkeeping and reporting
• The words or initials Act or CAA
Section 12(d) of the National requirements. We are seeking comment
mean or refer to the Clean Air Act,
sradovich on DSK3GDR082PROD with PROPOSALS
Technology Transfer and Advancement on this proposed action.
unless the context indicates otherwise.
Act of 1995 (15 U.S.C. 272 note) because DATES: Written comments must be • The initials ADEQ mean or refer to
application of those requirements would submitted on or before August 15, 2016. the Arizona Department of
be inconsistent with the CAA; and Requests for a public hearing must be Environmental Quality.
• Does not provide EPA with the received on or before July 15, 2016. • The words Arizona and State mean
discretionary authority to address, as ADDRESSES: Submit your comments, the State of Arizona.
appropriate, disproportionate human identified by Docket ID No. EPA–R09– • The initials BART mean or refer to
health or environmental effects, using OAR–2015–0846 at http:// Best Available Retrofit Technology.
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Document Created: 2018-02-08 07:45:32
Document Modified: 2018-02-08 07:45:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before August 1, 2016. | |
| Contact | Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected] | |
| FR Citation | 81 FR 42597 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds |
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