82_FR_21435 82 FR 21348 - Air Plan Approval; ME; Decommissioning of Stage II Vapor Recovery Systems

82 FR 21348 - Air Plan Approval; ME; Decommissioning of Stage II Vapor Recovery Systems

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21348-21351
FR Document2017-09174

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine Department of Environmental Protection (Maine DEP). This SIP revision includes regulatory amendments that repeal Stage II vapor recovery requirements at gasoline dispensing facilities (GDFs) as of January 1, 2012, with the mandate that all Stage II equipment be decommissioned by January 1, 2013. Maine DEP's submission to EPA also included a demonstration that such removal is consistent with the Clean Air Act and relevant EPA guidance. This revision also includes regulatory amendments that update Maine's testing and certain equipment requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to propose approval of Maine's revised gasoline vapor recovery regulations.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21348-21351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09174]



[[Page 21348]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0296; A-1-FRL-9961-18-Region 1]


Air Plan Approval; ME; 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 Maine Department of Environmental Protection (Maine DEP). This 
SIP revision includes regulatory amendments that repeal Stage II vapor 
recovery requirements at gasoline dispensing facilities (GDFs) as of 
January 1, 2012, with the mandate that all Stage II equipment be 
decommissioned by January 1, 2013. Maine DEP's submission to EPA also 
included a demonstration that such removal is consistent with the Clean 
Air Act and relevant EPA guidance. This revision also includes 
regulatory amendments that update Maine's testing and certain equipment 
requirements for Stage I vapor recovery systems at GDFs. The intended 
effect of this action is to propose approval of Maine's revised 
gasoline vapor recovery regulations.

DATES: Written comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2016-0296 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2016-0296,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, U.S. Environmental Protection 
Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, 5 Post Office Square--Suite 100, (mail code OEP05-2), 
Boston, MA 02109-3912. Such deliveries are only accepted during the 
Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2016-0296. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Air Quality 
Planning Unit, 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. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency: Bureau of Air Quality Control, Department of 
Environmental Protection, First Floor of the Tyson Building, Augusta 
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1628, fax number (617) 918-
0628, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Maine's SIP Revision
III. EPA's Evaluation of Maine's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 13, 2016, the Maine DEP submitted a revision to its State 
Implementation Plan (SIP). The SIP revision consists of Maine's revised 
Chapter 118, Gasoline Dispensing Facilities Vapor Control, which has 
been revised to require the decommissioning of Stage II vapor recovery 
systems and to update Stage I vapor recovery testing requirements. The 
SIP submittal also includes a demonstration that removal of Stage II 
vapor recovery systems in Maine is consistent with the Clean Air Act 
and relevant EPA guidance.
    Stage II 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

[[Page 21349]]

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 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. 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.\1\
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    \1\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
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    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 
systems and Stage II vapor recovery systems would eventually become 
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.'' Effective May 16, 2012, 
the date the final rule was published in the Federal Register (see 77 
FR 28772), EPA determined that ORVR systems are in widespread use 
nationwide for control of gasoline emissions during refueling of 
vehicles at GDFs. As of the end of 2016, EPA estimates that more than 
88 percent of gasoline refueling nationwide occurs with ORVR-equipped 
vehicles.\2\ Thus, Stage II vapor recovery programs have become largely 
redundant control systems and Stage II vapor recovery systems achieve 
an ever declining emissions benefit as more ORVR-equipped vehicles 
continue to enter the on-road motor vehicle fleet.\3\ In its May 16, 
2012 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. This decision exempts all new ozone 
nonattainment areas classified serious or above from the requirement to 
adopt Stage II vapor recovery programs. Finally, EPA's May 16, 2012 
rulemaking also noted that any state currently implementing Stage II 
vapor recovery programs may submit SIP revisions that would allow for 
the phase-out of Stage II vapor recovery systems.
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    \2\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
    \3\ 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.
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    Stage I vapor recovery systems are systems that capture vapors 
displaced from storage tanks at GDFs during gasoline tank truck 
deliveries. When gasoline is delivered into an aboveground or 
underground storage tank, vapors that were taking up space in the 
storage tank are displaced by the gasoline entering the storage tank. 
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 the following guidance regarding Stage I systems: 
``Design Criteria for Stage I Vapor Control Systems--Gasoline Service 
Stations'' (November 1975, EPA Online Publication 450R75102), which is 
regarded as the control techniques guideline (CTG) for the control of 
VOC emissions from this source category; and the EPA document ``Model 
Volatile Organic Compound Rules for Reasonably Available Control 
Technology'' (Staff Working Draft, June 1992) contains a model Stage I 
regulation.

II. Summary of Maine's SIP Revision

    Maine adopted its Stage II Vapor Recovery Program in 1995 in order 
to satisfy the requirements of sections 182(b)(3) and 184(b)(2) of the 
CAA. The Maine Stage II vapor recovery program requirements were 
codified in Maine's Chapter 118, Gasoline Dispensing Facilities Vapor 
Control, and EPA approved the program into the Maine SIP on October 15, 
1996 (61 FR 53636). Maine's rule required gasoline dispensing 
facilities located in the counties of York, Cumberland, and Sagadahoc 
to install Stage II vapor recovery systems.
    On April 13, 2016, Maine submitted a SIP revision consisting of its 
revised Chapter 118. This revised rule requires GDFs to decommission 
their Stage II vapor recovery systems as of January 1, 2013, and 
contains an appendix detailing the requirements and procedures for 
disabling the Stage II vapor recovery systems based on the Petroleum 
Equipment Institute's Recommended Practices for Installation and 
Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI RP 300-
09, Section 14, Decommissioning Stage II Vapor Recovery Piping, 2009 
edition.
    In addition, the revised regulation also includes requirements that 
any GDF whose monthly throughput ever exceeds a threshold of 100,000 
gallons per calendar month be subject to the requirements of 40 CFR 
part 63 Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Source Category: Gasoline Dispensing 
Facilities. Furthermore, any GDF that ever exceeds 100,000 gallons per 
calendar month threshold will remain subject to the NESHAP requirements 
even if the monthly throughput ever falls below this threshold.
    Maine's revised Chapter 118 also includes updated Stage I testing 
procedures. The procedures now mirror the NESHAP testing requirements 
for Stage I vapor recovery systems. Any GDF with a monthly throughput 
over 100,000 gallons per month must perform an initial ``P/V Cap Test'' 
in accordance with California Air Resources Board's TP-201.1E. The test 
must be repeated at least every three years thereafter. In addition, 
any GDF with at least a 100,000 gallons per month throughput must 
perform a pressure decay test every three years in accordance with 
CARB's TP-201.3. Furthermore, all installation and function of Stage I 
vapor recovery systems must be re-verified upon any major system 
replacement or modification. Functional tests must be performed within 
30 days upon request by the Maine DEP when inspections, records, or 
other evidence show noncompliance with the state regulation. These 
tests must be performed during normal business hours, with notification 
to the Maine DEP provided in writing at least 5 days prior to the test. 
All test results must be

[[Page 21350]]

provided to the Maine DEP within 30 days.
    The revised Chapter 118 also includes additional procedures for 
ensuring that the hoses in the Stage I vapor balance system are 
properly connected. The vapor hose must be connected to the cargo tank 
and delivery elbow before connecting to the facility storage tank; the 
cargo tank valve must be opened only after all vapor connections are 
made, and closed before any vapor connections are disconnected; and the 
vapor return hose must be disconnected from the facility storage tank 
before it is disconnected from the cargo tank.
    The April 13, 2016 SIP submission also includes a narrative 
demonstration supporting the discontinuation of the Maine Stage II 
vapor recovery program. This demonstration, discussed in greater detail 
below, consists of an analysis that the Stage II vapor recovery 
controls provide only de minimis emission reductions due to the 
prevalence of ORVR-equipped vehicles.

III. EPA's Evaluation of Maine's SIP Revision

    EPA has reviewed Maine's revised Chapter 118, Gasoline Dispensing 
Facilities Vapor Control, and accompanying SIP narrative, and has 
concluded that Maine's April 13, 2016 SIP revision is consistent with 
EPA's widespread use rule (77 FR 28772, May 16, 2012) and with EPA's 
``Guidance on Removing Stage II Gasoline Vapor Control Programs from 
State Implementation Plans and Assessing Comparable Measures'' (EPA-
457/B-12-001; August 7, 2012), hereafter referred to as EPA's Guidance 
Document.
    Maine's April 13, 2016 SIP revision includes a CAA section 110(l) 
anti-back sliding demonstration based on the relevant equations 
contained in EPA's Guidance Document. Maine's demonstration uses the 
EPA Guidance Document's estimate that, in 2012, 71.4% of gasoline 
refueling nationwide occurred with ORVR-equipped vehicles.\4\ According 
to these calculations, the potential loss of refueling emission 
reductions resulting from the removal of Stage II vapor recovery 
systems in 2012 (the year leading up to Maine's January 1, 2013 
decommissioning deadline) is between 6.2 and 9.2 percent, thus meeting 
the 10 percent de minimis recommendation in EPA's Guidance Document.\5\
---------------------------------------------------------------------------

    \4\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1, August 7, 2012.
    \5\ This range of estimates for the potential loss of refueling 
emission reductions results from the range of estimates for the in-
use control efficiency of Stage II vapor recovery systems. EPA's 
Guidance Document suggests these efficiency values range from 0.60 
to 0.75. See pages 10-11 of EPA's Guidance Document.
---------------------------------------------------------------------------

    In addition, Maine's April 13, 2016 SIP revision also includes 
calculations illustrating that the overall effect of removing the Stage 
II vapor recovery program would be an increase of between 45 and 68 
tons of VOC in 2012. EPA's 2011 National Emissions Inventory database 
illustrates that Maine's anthropogenic VOC emissions for York, 
Cumberland, and Sagadahoc Counties were about 48,484 tons (see https://www.epa.gov/air-emissions-inventories/2011-national-emissions-inventory-nei-data); therefore the 45 to 68 annual tons of VOC 
emissions increase calculated by Maine to have occurred in 2012 are 
only about 0.2 to 0.4 percent of the total anthropogenic VOC emissions 
in these three counties for that year. Also, these foregone emissions 
reductions continue to diminish rapidly over time as ORVR phase-in 
continues. That is, the estimated 45 to 68 tons of VOC in 2012 have 
decreased since that time on an annual basis. Therefore, EPA believes 
that the resulting temporary increases in VOC emissions that occurred 
by removing the Stage II program will not interfere with attainment or 
maintenance of the ozone NAAQS.
    With respect to Stage I vapor recovery requirements, Maine's 
revised Chapter 118 is at least as stringent as the previously approved 
version of the rule, thus meeting the CAA section 110(l) anti-back 
sliding requirements. The revision includes updated instructions for 
ensuring the hoses in the vapor balance system were properly connected, 
and includes more comprehensive testing procedures than the previous 
SIP-approved rule. This revision will help to ensure that the Stage I 
vapor recovery equipment is working properly so that the expected 
emission reductions occur. These testing procedures mirror the 
guidelines for GDFs with a monthly throughput of 100,000 gallons or 
more identified in 40 CFR 63, Subpart CCCCCC.

IV. Proposed Action

    EPA is proposing to approve Maine's April 13, 2016 SIP revision. 
Specifically, EPA is proposing to approve Maine's revised Chapter 118, 
Gasoline Dispensing Facilities Vapor Control, and incorporate it into 
the Maine SIP. EPA is proposing to approve this SIP revision because it 
meets all applicable requirements of the Clean Air Act and relevant EPA 
guidance, and it will not interfere with attainment or maintenance of 
the ozone NAAQS.
    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 the EPA 
New England Regional Office 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 of the State of Maine's revised Chapter 118 described in 
section IV of this notice. The EPA has made, and will continue to make, 
these documents generally available electronically through http://www.regulations.gov and/or in hard copy at the appropriate EPA office.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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);

[[Page 21351]]

     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 Clean Air Act; 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, 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: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-09174 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                 21348                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                 ENVIRONMENTAL PROTECTION                                Office’s official hours of business are               through Friday, 8:30 a.m. to 4:30 p.m.,
                                                 AGENCY                                                  Monday through Friday, 8:30 a.m. to                   excluding legal holidays.
                                                                                                         4:30 p.m., excluding legal holidays.                     In addition, copies of the state
                                                 40 CFR Part 52                                             Instructions: Direct your comments to              submittal are also available for public
                                                 [EPA–R01–OAR–2016–0296; A–1–FRL–                        Docket ID No. EPA–R01–OAR–2016–                       inspection during normal business
                                                 9961–18–Region 1]                                       0296. EPA’s policy is that all comments               hours, by appointment at the State Air
                                                                                                         received will be included in the public               Agency: Bureau of Air Quality Control,
                                                 Air Plan Approval; ME;                                  docket without change and may be                      Department of Environmental
                                                 Decommissioning of Stage II Vapor                       made available online at                              Protection, First Floor of the Tyson
                                                 Recovery Systems                                        www.regulations.gov, including any                    Building, Augusta Mental Health
                                                                                                         personal information provided, unless                 Institute Complex, Augusta, ME 04333–
                                                 AGENCY:  Environmental Protection                                                                             0017.
                                                                                                         the comment includes information
                                                 Agency (EPA).
                                                                                                         claimed to be Confidential Business                   FOR FURTHER INFORMATION CONTACT: Eric
                                                 ACTION: Proposed rule.
                                                                                                         Information (CBI) or other information                Rackauskas, Air Quality Planning Unit,
                                                 SUMMARY:    The Environmental Protection                whose disclosure is restricted by statute.            U.S. Environmental Protection Agency,
                                                 Agency (EPA) is proposing to approve a                  Do not submit through                                 EPA New England Regional Office, 5
                                                 State Implementation Plan (SIP)                         www.regulations.gov, or email,                        Post Office Square, Suite 100 (mail
                                                 revision submitted by the State of Maine                information that you consider to be CBI               code: OEP05–2), Boston, MA 02109–
                                                 Department of Environmental Protection                  or otherwise protected. The                           3912, telephone number (617) 918–
                                                 (Maine DEP). This SIP revision includes                 www.regulations.gov Web site is an                    1628, fax number (617) 918–0628, email
                                                 regulatory amendments that repeal                       ‘‘anonymous access’’ system, which                    rackauskas.eric@epa.gov.
                                                 Stage II vapor recovery requirements at                 means EPA will not know your identity                 SUPPLEMENTARY INFORMATION:
                                                 gasoline dispensing facilities (GDFs) as                or contact information unless you                     Throughout this document whenever
                                                 of January 1, 2012, with the mandate                    provide it in the body of your comment.               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 that all Stage II equipment be                          If you send an email comment directly                 EPA.
                                                 decommissioned by January 1, 2013.                      to EPA without going through                             Organization of this document. The
                                                 Maine DEP’s submission to EPA also                      www.regulations.gov your email address                following outline is provided to aid in
                                                 included a demonstration that such                      will be automatically captured and                    locating information in this preamble.
                                                 removal is consistent with the Clean Air                included as part of the comment that is               I. Background and Purpose
                                                 Act and relevant EPA guidance. This                     placed in the public docket and made                  II. Summary of Maine’s SIP Revision
                                                 revision also includes regulatory                       available on the Internet. If you submit              III. EPA’s Evaluation of Maine’s SIP Revision
                                                 amendments that update Maine’s testing                  an electronic comment, EPA                            IV. Proposed Action
                                                 and certain equipment requirements for                  recommends that you include your                      V. Incorporation by Reference
                                                 Stage I vapor recovery systems at GDFs.                 name and other contact information in                 VI. Statutory and Executive Order Reviews
                                                 The intended effect of this action is to                the body of your comment and with any
                                                 propose approval of Maine’s revised                     disk or CD–ROM you submit. If EPA                     I. Background and Purpose
                                                 gasoline vapor recovery regulations.                    cannot read your comment due to                          On April 13, 2016, the Maine DEP
                                                 DATES: Written comments must be                         technical difficulties and cannot contact             submitted a revision to its State
                                                 received on or before June 7, 2017.                     you for clarification, EPA may not be                 Implementation Plan (SIP). The SIP
                                                                                                         able to consider your comment.                        revision consists of Maine’s revised
                                                 ADDRESSES: Submit your comments,
                                                                                                         Electronic files should avoid the use of              Chapter 118, Gasoline Dispensing
                                                 identified by Docket ID Number EPA–
                                                                                                         special characters, any form of                       Facilities Vapor Control, which has
                                                 R01–OAR–2016–0296 by one of the
                                                                                                         encryption, and be free of any defects or             been revised to require the
                                                 following methods:
                                                   1. www.regulations.gov: Follow the                    viruses.                                              decommissioning of Stage II vapor
                                                 on-line instructions for submitting                        Docket: All documents in the                       recovery systems and to update Stage I
                                                 comments.                                               electronic docket are listed in the                   vapor recovery testing requirements.
                                                   2. Email: arnold.anne@epa.gov.                        www.regulations.gov index. Although                   The SIP submittal also includes a
                                                   3. Fax: (617) 918–0047.                               listed in the index, some information is              demonstration that removal of Stage II
                                                   4. Mail: ‘‘Docket Identification                      not publicly available, i.e., CBI or other            vapor recovery systems in Maine is
                                                 Number EPA–R01–OAR–2016–0296,’’                         information whose disclosure is                       consistent with the Clean Air Act and
                                                 Anne Arnold, U.S. Environmental                         restricted by statute. Certain other                  relevant EPA guidance.
                                                 Protection Agency, EPA New England                      material, such as copyrighted material,                  Stage II and onboard refueling vapor
                                                 Regional Office, Office of Ecosystem                    is not placed on the Internet and will be             recovery (ORVR) systems are two types
                                                 Protection, Air Quality Planning Unit, 5                publicly available only in hard copy                  of emission control systems that capture
                                                 Post Office Square—Suite 100, (mail                     form. Publicly available docket                       fuel vapors from vehicle gas tanks
                                                 code OEP05–2), Boston, MA 02109–                        materials are available either                        during refueling. Stage II vapor recovery
                                                 3912.                                                   electronically in www.regulations.gov or              systems are installed at GDFs and
                                                   5. Hand Delivery or Courier. Deliver                  in hard copy at Office of Ecosystem                   capture the refueling fuel vapors at the
                                                 your comments to: Anne Arnold,                          Protection, U.S. Environmental                        gasoline pump. The system carries the
                                                 Manager, Air Quality Planning Unit,                     Protection Agency, EPA New England                    vapors back to the underground storage
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 U.S. Environmental Protection Agency,                   Regional Office, Air Quality Planning                 tank at the GDF to prevent the vapors
                                                 EPA New England Regional Office,                        Unit, 5 Post Office Square—Suite 100,                 from escaping to the atmosphere. ORVR
                                                 Office of Ecosystem Protection, 5 Post                  Boston, MA. EPA requests that if at all               systems are carbon canisters installed
                                                 Office Square—Suite 100, (mail code                     possible, you contact the contact listed              directly on automobiles to capture the
                                                 OEP05–2), Boston, MA 02109–3912.                        in the FOR FURTHER INFORMATION                        fuel vapors evacuated from the gasoline
                                                 Such deliveries are only accepted                       CONTACT section to schedule your                      tank before they reach the nozzle. The
                                                 during the Regional Office’s normal                     inspection. The Regional Office’s                     fuel vapors captured in the carbon
                                                 hours of operation. The Regional                        official hours of business are Monday                 canisters are then combusted in the


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                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                              21349

                                                 engine when the automobile is in                        on-road motor vehicle fleet.3 In its May              approved the program into the Maine
                                                 operation.                                              16, 2012 rulemaking, EPA also exercised               SIP on October 15, 1996 (61 FR 53636).
                                                    Stage II vapor recovery systems and                  its authority under CAA section                       Maine’s rule required gasoline
                                                 vehicle ORVR systems were initially                     202(a)(6) to waive certain federal                    dispensing facilities located in the
                                                 both required by the 1990 Amendments                    statutory requirements for Stage II vapor             counties of York, Cumberland, and
                                                 to the Clean Air Act (CAA). Section                     recovery systems at GDFs. This decision               Sagadahoc to install Stage II vapor
                                                 182(b)(3) of the CAA requires moderate                  exempts all new ozone nonattainment                   recovery systems.
                                                 and above ozone nonattainment areas to                  areas classified serious or above from                  On April 13, 2016, Maine submitted
                                                 implement Stage II vapor recovery                       the requirement to adopt Stage II vapor               a SIP revision consisting of its revised
                                                 programs. Also, under CAA section                       recovery programs. Finally, EPA’s May                 Chapter 118. This revised rule requires
                                                 184(b)(2), states in the Ozone Transport                16, 2012 rulemaking also noted that any               GDFs to decommission their Stage II
                                                 Region (OTR) are required to implement                  state currently implementing Stage II                 vapor recovery systems as of January 1,
                                                 Stage II or comparable measures. CAA                    vapor recovery programs may submit                    2013, and contains an appendix
                                                 section 202(a)(6) required EPA to                       SIP revisions that would allow for the                detailing the requirements and
                                                 promulgate regulations for ORVR for                     phase-out of Stage II vapor recovery                  procedures for disabling the Stage II
                                                 light-duty vehicles (passenger cars).                   systems.                                              vapor recovery systems based on the
                                                 EPA adopted these requirements in                          Stage I vapor recovery systems are                 Petroleum Equipment Institute’s
                                                 1994, at which point moderate ozone                     systems that capture vapors displaced                 Recommended Practices for Installation
                                                 nonattainment areas were no longer                      from storage tanks at GDFs during                     and Testing of Vapor-Recovery Systems
                                                                                                         gasoline tank truck deliveries. When                  at Vehicle-Fueling Sites, PEI RP 300–09,
                                                 subject to the CAA section 182(b)(3)
                                                                                                         gasoline is delivered into an                         Section 14, Decommissioning Stage II
                                                 Stage II vapor recovery requirements.
                                                                                                         aboveground or underground storage                    Vapor Recovery Piping, 2009 edition.
                                                 ORVR equipment has been phased in for
                                                                                                         tank, vapors that were taking up space                  In addition, the revised regulation
                                                 new passenger vehicles beginning with
                                                                                                         in the storage tank are displaced by the              also includes requirements that any
                                                 model year 1998, and starting with
                                                                                                         gasoline entering the storage tank. The               GDF whose monthly throughput ever
                                                 model year 2001 for light-duty trucks
                                                                                                         Stage I vapor recovery systems route
                                                 and most heavy-duty gasoline powered                                                                          exceeds a threshold of 100,000 gallons
                                                                                                         these displaced vapors into the delivery
                                                 vehicles. ORVR equipment has been                                                                             per calendar month be subject to the
                                                                                                         truck’s tank. Some vapors are vented
                                                 installed on nearly all new gasoline-                                                                         requirements of 40 CFR part 63 Subpart
                                                                                                         when the storage tank exceeds a
                                                 powered light-duty vehicles, light-duty                                                                       CCCCCC—National Emission Standards
                                                                                                         specified pressure threshold, however
                                                 trucks, and heavy-duty vehicles since                                                                         for Hazardous Air Pollutants (NESHAP)
                                                                                                         the Stage I vapor recovery systems
                                                 2006.1                                                                                                        for Source Category: Gasoline
                                                                                                         greatly reduce the possibility of these
                                                    During the phase-in of ORVR controls,                                                                      Dispensing Facilities. Furthermore, any
                                                                                                         displaced vapors being released into the
                                                 Stage II has provided volatile organic                                                                        GDF that ever exceeds 100,000 gallons
                                                                                                         atmosphere.
                                                 compound (VOC) reductions in ozone                         Stage I vapor recovery systems have                per calendar month threshold will
                                                 nonattainment areas and certain                         been in place since the 1970s. EPA has                remain subject to the NESHAP
                                                 attainment areas of the OTR. Congress                   issued the following guidance regarding               requirements even if the monthly
                                                 recognized that ORVR systems and                        Stage I systems: ‘‘Design Criteria for                throughput ever falls below this
                                                 Stage II vapor recovery systems would                   Stage I Vapor Control Systems—                        threshold.
                                                 eventually become largely redundant                     Gasoline Service Stations’’ (November                   Maine’s revised Chapter 118 also
                                                 technologies, and provided authority to                 1975, EPA Online Publication                          includes updated Stage I testing
                                                 EPA to allow states to remove Stage II                  450R75102), which is regarded as the                  procedures. The procedures now mirror
                                                 vapor recovery programs from their SIPs                 control techniques guideline (CTG) for                the NESHAP testing requirements for
                                                 after EPA finds that ORVR is in                         the control of VOC emissions from this                Stage I vapor recovery systems. Any
                                                 ‘‘widespread use.’’ Effective May 16,                   source category; and the EPA document                 GDF with a monthly throughput over
                                                 2012, the date the final rule was                       ‘‘Model Volatile Organic Compound                     100,000 gallons per month must
                                                 published in the Federal Register (see                  Rules for Reasonably Available Control                perform an initial ‘‘P/V Cap Test’’ in
                                                 77 FR 28772), EPA determined that                       Technology’’ (Staff Working Draft, June               accordance with California Air
                                                 ORVR systems are in widespread use                      1992) contains a model Stage I                        Resources Board’s TP–201.1E. The test
                                                 nationwide for control of gasoline                      regulation.                                           must be repeated at least every three
                                                 emissions during refueling of vehicles at                                                                     years thereafter. In addition, any GDF
                                                                                                         II. Summary of Maine’s SIP Revision                   with at least a 100,000 gallons per
                                                 GDFs. As of the end of 2016, EPA
                                                 estimates that more than 88 percent of                     Maine adopted its Stage II Vapor                   month throughput must perform a
                                                 gasoline refueling nationwide occurs                    Recovery Program in 1995 in order to                  pressure decay test every three years in
                                                 with ORVR-equipped vehicles.2 Thus,                     satisfy the requirements of sections                  accordance with CARB’s TP–201.3.
                                                 Stage II vapor recovery programs have                   182(b)(3) and 184(b)(2) of the CAA. The               Furthermore, all installation and
                                                 become largely redundant control                        Maine Stage II vapor recovery program                 function of Stage I vapor recovery
                                                 systems and Stage II vapor recovery                     requirements were codified in Maine’s                 systems must be re-verified upon any
                                                 systems achieve an ever declining                       Chapter 118, Gasoline Dispensing                      major system replacement or
                                                 emissions benefit as more ORVR-                         Facilities Vapor Control, and EPA                     modification. Functional tests must be
                                                                                                                                                               performed within 30 days upon request
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                                                 equipped vehicles continue to enter the
                                                                                                            3 In areas where certain types of vacuum-assist
                                                                                                                                                               by the Maine DEP when inspections,
                                                                                                         Stage II vapor recovery systems are used, the
                                                   1 EPA Guidance on Removing Stage II Gasoline
                                                                                                         differences in operational design characteristics
                                                                                                                                                               records, or other evidence show
                                                 Vapor Control Programs from State Implementation        between ORVR and some configurations of these         noncompliance with the state
                                                 Plans and Assessing Comparable Measures, Table          Stage II vapor recovery systems result in the         regulation. These tests must be
                                                 A–1, August 7, 2012.                                    reduction of overall control system efficiency        performed during normal business
                                                   2 EPA Guidance on Removing Stage II Gasoline          compared to what could have been achieved
                                                 Vapor Control Programs from State Implementation        relative to the individual control efficiencies of
                                                                                                                                                               hours, with notification to the Maine
                                                 Plans and Assessing Comparable Measures, Table          either ORVR or Stage II emissions from the vehicle    DEP provided in writing at least 5 days
                                                 A–1, August 7, 2012.                                    fuel tank.                                            prior to the test. All test results must be


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                                                 21350                      Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                 provided to the Maine DEP within 30                        In addition, Maine’s April 13, 2016                will not interfere with attainment or
                                                 days.                                                   SIP revision also includes calculations               maintenance of the ozone NAAQS.
                                                    The revised Chapter 118 also includes                illustrating that the overall effect of                 EPA is soliciting public comments on
                                                 additional procedures for ensuring that                 removing the Stage II vapor recovery                  the issues discussed in this notice or on
                                                 the hoses in the Stage I vapor balance                  program would be an increase of                       other relevant matters. These comments
                                                 system are properly connected. The                      between 45 and 68 tons of VOC in 2012.                will be considered before taking final
                                                 vapor hose must be connected to the                     EPA’s 2011 National Emissions                         action. Interested parties may
                                                 cargo tank and delivery elbow before                    Inventory database illustrates that                   participate in the Federal rulemaking
                                                 connecting to the facility storage tank;                Maine’s anthropogenic VOC emissions                   procedure by submitting written
                                                 the cargo tank valve must be opened                     for York, Cumberland, and Sagadahoc                   comments to the EPA New England
                                                 only after all vapor connections are                    Counties were about 48,484 tons (see                  Regional Office listed in the ADDRESSES
                                                 made, and closed before any vapor                       https://www.epa.gov/air-emissions-                    section of this Federal Register.
                                                 connections are disconnected; and the                   inventories/2011-national-emissions-
                                                 vapor return hose must be disconnected                  inventory-nei-data); therefore the 45 to              V. Incorporation by Reference
                                                 from the facility storage tank before it is             68 annual tons of VOC emissions                         In this rule, the EPA is proposing to
                                                 disconnected from the cargo tank.                       increase calculated by Maine to have                  include in a final EPA rule regulatory
                                                    The April 13, 2016 SIP submission                    occurred in 2012 are only about 0.2 to                text that includes incorporation by
                                                 also includes a narrative demonstration                 0.4 percent of the total anthropogenic                reference. In accordance with
                                                 supporting the discontinuation of the                   VOC emissions in these three counties                 requirements of 1 CFR 51.5, the EPA is
                                                 Maine Stage II vapor recovery program.                  for that year. Also, these foregone                   proposing to incorporate by reference of
                                                 This demonstration, discussed in greater                emissions reductions continue to                      the State of Maine’s revised Chapter 118
                                                 detail below, consists of an analysis that              diminish rapidly over time as ORVR                    described in section IV of this notice.
                                                 the Stage II vapor recovery controls                    phase-in continues. That is, the                      The EPA has made, and will continue
                                                 provide only de minimis emission                        estimated 45 to 68 tons of VOC in 2012                to make, these documents generally
                                                 reductions due to the prevalence of                     have decreased since that time on an                  available electronically through http://
                                                 ORVR-equipped vehicles.                                 annual basis. Therefore, EPA believes                 www.regulations.gov and/or in hard
                                                 III. EPA’s Evaluation of Maine’s SIP                    that the resulting temporary increases in             copy at the appropriate EPA office.
                                                 Revision                                                VOC emissions that occurred by
                                                                                                                                                               VI. Statutory and Executive Order
                                                    EPA has reviewed Maine’s revised                     removing the Stage II program will not
                                                                                                                                                               Reviews
                                                 Chapter 118, Gasoline Dispensing                        interfere with attainment or
                                                 Facilities Vapor Control, and                           maintenance of the ozone NAAQS.                          Under the Clean Air Act, the
                                                 accompanying SIP narrative, and has                        With respect to Stage I vapor recovery             Administrator is required to approve a
                                                 concluded that Maine’s April 13, 2016                   requirements, Maine’s revised Chapter                 SIP submission that complies with the
                                                 SIP revision is consistent with EPA’s                   118 is at least as stringent as the                   provisions of the Act and applicable
                                                 widespread use rule (77 FR 28772, May                   previously approved version of the rule,              Federal regulations. 42 U.S.C. 7410(k);
                                                 16, 2012) and with EPA’s ‘‘Guidance on                  thus meeting the CAA section 110(l)                   40 CFR 52.02(a). Thus, in reviewing SIP
                                                 Removing Stage II Gasoline Vapor                        anti-back sliding requirements. The                   submissions, EPA’s role is to approve
                                                 Control Programs from State                             revision includes updated instructions                state choices, provided that they meet
                                                 Implementation Plans and Assessing                      for ensuring the hoses in the vapor                   the criteria of the Clean Air Act.
                                                 Comparable Measures’’ (EPA–457/B–                       balance system were properly                          Accordingly, this proposed action
                                                 12–001; August 7, 2012), hereafter                      connected, and includes more                          merely approves state law as meeting
                                                 referred to as EPA’s Guidance                           comprehensive testing procedures than                 Federal requirements and does not
                                                 Document.                                               the previous SIP-approved rule. This                  impose additional requirements beyond
                                                    Maine’s April 13, 2016 SIP revision                  revision will help to ensure that the                 those imposed by state law. For that
                                                 includes a CAA section 110(l) anti-back                 Stage I vapor recovery equipment is                   reason, this proposed action:
                                                 sliding demonstration based on the                      working properly so that the expected                    • Is not a ‘‘significant regulatory
                                                 relevant equations contained in EPA’s                   emission reductions occur. These                      action’’ subject to review by the Office
                                                 Guidance Document. Maine’s                              testing procedures mirror the guidelines              of Management and Budget under
                                                 demonstration uses the EPA Guidance                     for GDFs with a monthly throughput of                 Executive Order 12866 (58 FR 51735,
                                                 Document’s estimate that, in 2012,                      100,000 gallons or more identified in 40              October 4, 1993);
                                                 71.4% of gasoline refueling nationwide                  CFR 63, Subpart CCCCCC.                                  • does not impose an information
                                                 occurred with ORVR-equipped                             IV. Proposed Action                                   collection burden under the provisions
                                                 vehicles.4 According to these                                                                                 of the Paperwork Reduction Act (44
                                                 calculations, the potential loss of                       EPA is proposing to approve Maine’s                 U.S.C. 3501 et seq.);
                                                 refueling emission reductions resulting                 April 13, 2016 SIP revision.                             • is certified as not having a
                                                 from the removal of Stage II vapor                      Specifically, EPA is proposing to                     significant economic impact on a
                                                 recovery systems in 2012 (the year                      approve Maine’s revised Chapter 118,                  substantial number of small entities
                                                 leading up to Maine’s January 1, 2013                   Gasoline Dispensing Facilities Vapor                  under the Regulatory Flexibility Act (5
                                                 decommissioning deadline) is between                    Control, and incorporate it into the                  U.S.C. 601 et seq.);
                                                                                                         Maine SIP. EPA is proposing to approve                   • does not contain any unfunded
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                                                 6.2 and 9.2 percent, thus meeting the 10
                                                 percent de minimis recommendation in                    this SIP revision because it meets all                mandate or significantly or uniquely
                                                 EPA’s Guidance Document.5                               applicable requirements of the Clean Air              affect small governments, as described
                                                                                                         Act and relevant EPA guidance, and it                 in the Unfunded Mandates Reform Act
                                                   4 EPA Guidance on Removing Stage II Gasoline
                                                                                                                                                               of 1995 (Pub. L. 104–4);
                                                 Vapor Control Programs from State Implementation        of estimates for the in-use control efficiency of        • does not have Federalism
                                                 Plans and Assessing Comparable Measures, Table          Stage II vapor recovery systems. EPA’s Guidance
                                                 A–1, August 7, 2012.                                    Document suggests these efficiency values range
                                                                                                                                                               implications as specified in Executive
                                                   5 This range of estimates for the potential loss of   from 0.60 to 0.75. See pages 10–11 of EPA’s           Order 13132 (64 FR 43255, August 10,
                                                 refueling emission reductions results from the range    Guidance Document.                                    1999);


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                                                                           Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                                21351

                                                    • is not an economically significant                 the remaining portion of a State                      included as part of the comment that is
                                                 regulatory action based on health or                    Implementation Plan (SIP) revision                    placed in the public docket and made
                                                 safety risks subject to Executive Order                 submitted by the State of Connecticut.                available on the Internet. If you submit
                                                 13045 (62 FR 19885, April 23, 1997);                    This revision addresses the interstate                an electronic comment, EPA
                                                    • is not a significant regulatory action             transport requirements of the Clean Air               recommends that you include your
                                                 subject to Executive Order 13211 (66 FR                 Act (CAA), referred to as the good                    name and other contact information in
                                                 28355, May 22, 2001);                                   neighbor provision, with respect to the               the body of your comment and with any
                                                    • is not subject to requirements of                  2010 sulfur dioxide (SO2) national                    disk or CD–ROM you submit. If EPA
                                                 Section 12(d) of the National                           ambient air quality standard (NAAQS).                 cannot read your comment due to
                                                 Technology Transfer and Advancement                     This action proposes to approve                       technical difficulties and cannot contact
                                                 Act of 1995 (15 U.S.C. 272 note) because                Connecticut’s demonstration that the                  you for clarification, EPA may not be
                                                 application of those requirements would                 state is meeting its obligations regarding            able to consider your comment.
                                                 be inconsistent with the Clean Air Act;                 the transport of SO2 emissions into                   Electronic files should avoid the use of
                                                 and                                                     other states. This action is being taken              special characters, any form of
                                                    • does not provide EPA with the                      under the Clean Air Act.                              encryption, and be free of any defects or
                                                 discretionary authority to address, as                                                                        viruses.
                                                                                                         DATES: Written comments must be
                                                 appropriate, disproportionate human                                                                              Docket: All documents in the
                                                 health or environmental effects, using                  received on or before June 7, 2017.
                                                                                                         ADDRESSES: Submit your comments,
                                                                                                                                                               electronic docket are listed in the http://
                                                 practicable and legally permissible                                                                           www.regulations.gov index. Although
                                                 methods, under Executive Order 12898                    identified by Docket ID Number EPA–
                                                                                                         R01–OAR–2015–0198 by one of the                       listed in the index, some information is
                                                 (59 FR 7629, February 16, 1994).                                                                              not publicly available, i.e., CBI or other
                                                 In addition, the SIP is not approved to                 following methods:
                                                                                                            1. http://www.regulations.gov: Follow              information whose disclosure is
                                                 apply on any Indian reservation land or                                                                       restricted by statute. Certain other
                                                 in any other area where EPA or an                       the on-line instructions for submitting
                                                                                                         comments.                                             material, such as copyrighted material,
                                                 Indian tribe has demonstrated that a                                                                          is not placed on the Internet and will be
                                                 tribe has jurisdiction. In those areas of                  2. Email: dahl.donald@epa.gov.
                                                                                                            3. Fax: (617) 918–0657.                            publicly available only in hard copy
                                                 Indian country, the rule does not have                                                                        form. Publicly available docket
                                                 tribal implications and will not impose                    4. Mail: ‘‘Docket Identification
                                                                                                         Number EPA–R01–OAR–2015–0198,’’                       materials are available at http://
                                                 substantial direct costs on tribal                                                                            www.regulations.gov or at U.S.
                                                 governments or preempt tribal law as                    Donald Dahl, U.S. Environmental
                                                                                                         Protection Agency, EPA New England                    Environmental Protection Agency, EPA
                                                 specified by Executive Order 13175 (65                                                                        New England Regional Office, Office of
                                                 FR 67249, November 9, 2000).                            Regional Office, Office of Ecosystem
                                                                                                         Protection, Air Permits, Toxics, and                  Ecosystem Protection, Air Quality
                                                 List of Subjects in 40 CFR Part 52                      Indoor Programs Unit, 5 Post Office                   Planning Unit, 5 Post Office Square—
                                                                                                         Square—Suite 100, (mail code OEP05–                   Suite 100, Boston, MA. EPA requests
                                                   Environmental protection, Air
                                                                                                         2), Boston, MA 02109—3912.                            that if at all possible, you contact the
                                                 pollution control, Carbon monoxide,
                                                                                                            5. Hand Delivery or Courier. At the                contact listed in the FOR FURTHER
                                                 Incorporation by reference,
                                                                                                         previously listed EPA Region I address.               INFORMATION CONTACT section to
                                                 Intergovernmental relations, Lead,
                                                                                                         Such deliveries are only accepted                     schedule your inspection. The Regional
                                                 Nitrogen dioxide, Ozone, Particulate
                                                                                                         during the Regional Office’s normal                   Office’s official hours of business are
                                                 matter, Reporting and recordkeeping
                                                                                                         hours of operation. The Regional                      Monday through Friday, 8:30 a.m. to
                                                 requirements, Sulfur oxides, Volatile
                                                                                                         Office’s official hours of business are               4:30 p.m., excluding legal holidays.
                                                 organic compounds.                                                                                               In addition, copies of the state
                                                                                                         Monday through Friday, 8:30 a.m. to
                                                    Authority: 42 U.S.C. 7401 et seq.                                                                          submittal and EPA’s technical support
                                                                                                         4:30 p.m., excluding legal holidays.
                                                   Dated: March 16, 2017.                                   Instructions: Direct your comments to              document are also available for public
                                                 Deborah A. Szaro,                                       Docket ID No. EPA–R01–OAR–2015–                       inspection during normal business
                                                 Acting Regional Administrator, EPA New                  0198. EPA’s policy is that all comments               hours, by appointment at the State Air
                                                 England.                                                received will be included in the public               Agency; the Bureau of Air Management,
                                                 [FR Doc. 2017–09174 Filed 5–5–17; 8:45 am]              docket without change and may be                      Department of Energy and
                                                 BILLING CODE 6560–50–P                                  made available online at http://                      Environmental Protection, State Office
                                                                                                         www.regulations.gov, including any                    Building, 79 Elm Street, Hartford, CT
                                                                                                         personal information provided, unless                 06106–1630.
                                                 ENVIRONMENTAL PROTECTION                                the comment includes information                      FOR FURTHER INFORMATION CONTACT:
                                                 AGENCY                                                  claimed to be Confidential Business                   Donald Dahl, (617) 918–1657; or by
                                                                                                         Information (CBI) or other information                email at dahl.donald@epa.gov.
                                                 40 CFR Part 52                                          whose disclosure is restricted by statute.            SUPPLEMENTARY INFORMATION:
                                                 [EPA–R01–OAR–2015–0198; FRL–9961–16–                    Do not submit through http://                         Throughout this document whenever
                                                 Region 1]                                               www.regulations.gov, or email,                        ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                         information that you consider to be CBI               EPA.
                                                 Air Plan Approval; CT; Infrastructure                   or otherwise protected. The http://
                                                 Requirement for the 2010 Sulfur                                                                               Table of Contents
                                                                                                         www.regulations.gov Web site is an
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                                                 Dioxide National Ambient Air Quality                    ‘‘anonymous access’’ system, which                    I. Background
                                                 Standard                                                means EPA will not know your identity                 II. Summary of the Proposed Action
                                                                                                         or contact information unless you                     III. Section 110(A)(2)(D)(i)(I)—Interstate
                                                 AGENCY:  Environmental Protection                                                                                   Transport
                                                 Agency.                                                 provide it in the body of your comment.                  A. General Requirements and Historical
                                                 ACTION: Proposed rule.
                                                                                                         If you send an email comment directly                       Approaches for Criteria Pollutants
                                                                                                         to EPA without going through http://                     B. Approach for Addressing the Interstate
                                                 SUMMARY: The Environmental Protection                   www.regulations.gov your email address                      Transport Requirements of the 2010
                                                 Agency (EPA) is proposing to approve                    will be automatically captured and                          Primary SO2 NAAQS in Connecticut



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Document Created: 2017-05-06 02:21:40
Document Modified: 2017-05-06 02:21:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before June 7, 2017.
ContactEric Rackauskas, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1628, fax number (617) 918- 0628, email [email protected]
FR Citation82 FR 21348 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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