[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34966-34969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13828]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0891; FRL-9823-2]
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; Removal of Gasoline Vapor Recovery From Southeast Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Wisconsin Department of Natural Resources
(WDNR) on November 12, 2012, concerning the state's Stage II vapor
recovery (Stage II) program in southeast Wisconsin. The revision
removes Stage II requirements as a component of the Wisconsin ozone
SIP. The submittal also includes a demonstration under section 110(l)
of the Clean Air Act (CAA) that addresses emissions impacts associated
with the removal of the program.
DATES: Comments must be received on or before July 11, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0891, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312) 692-2450.
4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0891. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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. For additional
instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Francisco J. Acevedo, Environmental
Protection Specialist, at (312) 886-6061 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Environmental
Protection Specialist, 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
[[Page 34967]]
EPA. This supplementary information section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. Background
III. What changes have been made to the Wisconsin Stage II Vapor
Recovery Program?
IV. What is EPA's analysis of the state's submittal?
V. What action is EPA proposing to take?
VI. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the close of the comment
period.
II. Background
Stage II programs were adopted by some states beginning in the
1980s to meet the ozone National Ambient Air Quality Standards (NAAQS).
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 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). The 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 the EPA to allow states to remove Stage II
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 (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 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\ 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.
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\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.
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III. What changes have been made to the Wisconsin Stage II Vapor
Recovery Program?
Wisconsin originally submitted a SIP revision to EPA on November
18, 1992, to satisfy the requirement of section 182(b)(3) of the CAA.
The revision applied to the counties of Kenosha, Kewanee, Manitowoc,
Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha and was
incorporated within the WDNR's 1993-94 ozone 15% Control Plan. EPA
fully approved Wisconsin's Stage II program on August 13, 1993 (53 FR
43080), including the program's legal authority and administrative
requirements found in Section 285.31 of the Wisconsin Statutes and
Chapter NR 420.045 of the Wisconsin Administrative Code.
On November 12, 2012, WDNR submitted a SIP revision requesting the
removal of Stage II requirements under NR 420.045 of the Wisconsin
Administrative Code from the Wisconsin ozone SIP. To support the
removal of the Stage II requirements, the revision included copies of
2011 Wisconsin Act 196 enacted on April 2, 2012 authorizing the
termination of Stage II requirements in Wisconsin; a summary of
MOVES2010b modeling results and Wisconsin specific calculations based
on EPA guidance used to calculate program benefits and demonstrate
widespread use of ORVR in southeast Wisconsin; and a section 110(l)
demonstration that includes offset emission credits. WDNR held a public
hearing on the Wisconsin Stage II SIP revision on October 8, 2012, in
Waukesha, Wisconsin and allowed for written public comments until
October 12, 2012.
[[Page 34968]]
IV. What is EPA's analysis of the state's submittal?
Revisions to SIP-approved control measures must meet the
requirements of CAA section 110(l) to be approved by EPA. Section
110(l) states: ``The Administrator shall not approve a revision of a
plan if the revision would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of this Act.''
EPA interprets section 110(l) to apply to all requirements of the
CAA and to all areas of the country, whether attainment, nonattainment,
unclassifiable, or maintenance for one or more of the six criteria
pollutants. EPA also interprets section 110(l) to require a
demonstration addressing all criteria pollutants whose emissions and/or
ambient concentrations may change as a result of the SIP revision. In
the absence of an attainment demonstration, to demonstrate no
interference with any applicable NAAQS or requirement of the CAA under
section 110(l), EPA believes it is appropriate to allow states to
substitute equivalent emissions reductions to compensate for any change
to a SIP-approved program, as long as actual emissions in the air are
not increased. ``Equivalent'' emissions reductions mean reductions
which are equal to or greater than those reductions achieved by the
control measure approved in the SIP. To show that compensating
emissions reductions are equivalent, modeling or adequate justification
must be provided. The compensating, equivalent reductions must
represent actual, new emissions reductions achieved in a
contemporaneous time frame to the change of the existing SIP control
measure, in order to preserve the status quo level of emission in the
air. In addition to being contemporaneous, the equivalent emissions
reductions must also be permanent, enforceable, quantifiable, and
surplus to be approved into the SIP.
The Wisconsin Stage II SIP revision includes a 110(l) demonstration
that uses equivalent emissions reductions to compensate for emission
reduction losses resulting from the removal of Stage II program
requirements before ORVR is in widespread use in southeast Wisconsin.
WDNR has calculated that by 2016, ORVR will be in widespread use in
southeast Wisconsin and the absence of the Wisconsin Stage II program
after 2016 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 2016
are transitional and relatively small since ORVR-equipped vehicles will
continue to phase into the fleet over the coming years.
WDNR's calculation indicates a maximum potential loss of 0.02 to
0.70 tons per summer day (tpsd) from 2012 through 2015, were the
decommissioning of existing Stage II systems to occur completely during
a specified year. However, decommissioning is scheduled to occur over a
four-year period from 2012 through 2015. This extended period was taken
into consideration to account for the costs and timing associated with
replacement equipment and the decommissioning cost process. Table 1
below summarizes WDNR's emissions calculations of the yearly emission
reduction losses during the Stage II decommissioning period between
2012 and 2015 in tpsd and tons per year (tpy) and highlights the
emissions difference that needs to be addressed as part of the 110(l)
demonstration.
Table 1--(VOC Emissions Offsets Needed in Southeast Wisconsin)
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2012 2013 2015
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Maximum Potential Loss of VOC 0.67-0.70 0.40-0.42 0.021-0.02
Emission Credits (tpsd). 2
Percent Stage II Throughput 20% 50% 90%
Decommissioned.
Tons per Summer Day Lost VOC Credit 0.134-0.140 0.200-0.21 0.019-0.02
(tpsd). 0 0
Tons per Year Lost VOC Credit (tpy) 42.9-44.8 64.0-67.2 6.1-6.4
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The implementation of the Stage II program in southeast Wisconsin
has resulted in reductions of VOC emissions. VOC contributes to the
formation of ground-level ozone. Thus the potential increase in VOC
needs to be offset with equivalent (or greater) emissions reductions
from another control measure in order to demonstrate non-interference
with the 8-hour ozone NAAQS.
On June 6, 2012, the WDNR submitted a SIP revision related to the
state's vehicle inspection and maintenance (I/M) program. As part of
that submittal, WDNR provided VOC and oxides of nitrogen
(NOX) emission credits to offset changes to the SIP approved
I/M program. These emission credits were from previously permitted
emissions sources located in southeast Wisconsin that have permanently
shutdown, and whose permits have been revoked. The expiration and
revocation of these sources' permits allows the state to use the
emission credits associated with them for other purposes under the SIP
and makes such credits permanent and enforceable. Table 2 outlines the
remaining equivalent VOC emissions credits that are available between
2012 and 2015 that can be used for Stage II.
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\2\ 2011 Wisconsin Act 196 enacted on April 2, 2012 authorized
the termination of Stage II requirements beginning May 16, 2012, the
date when EPA finalized a rule determining that ORVR was in
widespread use nationwide. Stage II decommissioning in southeast
Wisconsin is set to occur within a four year period between 2012 and
2015.
\3\ Based on 4:1 NOX to VOC Ratio (i.e. 4 tons of
NOX = 1 ton of VOC)
\4\ The VOC emissions shortfall was interpolated between 2013
and 2015 since the MOVES modeling was not done specifically for this
year.
Table 2--Available VOC and NOX Emission Credits for the Stage II Vapor Recovery Program.
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Equivalent VOC
Year \2\ VOC (tons) NOX (tons) (tons) \3\
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2012............................................................ 42.02 46.42 53.63
2013............................................................ 86.07 97.17 110.36
2014 \4\........................................................ 130.12 147.92 167.10
2015............................................................ 174.18 198.66 223.85
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[[Page 34969]]
Table 3 below summarizes WDNR's Stage II emissions make-up
demonstration. The table specifically highlights the annual emissions
shortfall that will take place during the phase out of the Wisconsin
Stage II program between 2012 and 2015. In addition, the table outlines
the amount of equivalent VOC emission credits that are being used to
offset the shortfall using the VOC to NOX conversion
approach outlined in EPA's proposed approval of Wisconsin's June 6,
2012 SIP revision (see 78 FR 24373). Based on the use of permanent,
enforceable, contemporaneous, surplus emissions reductions achieved
through the shutdown of permitted emissions sources, EPA believes that
the removal of the Wisconsin Stage II program does not interfere with
southeast Wisconsin's ability to demonstrate compliance with the 8-hour
ozone NAAQS.
Table 3--Make-Up of Stage II Vapor Recovery Program Emissions Shortfall
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VOC
emissions Available VOC Difference
Year shortfall emissions (shortfall-
(tons) credit (tons) credit) (tons)
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2012......................... 42.9-44.8 53.63 -8.83
2013......................... 64.0-67.2 110.36 -43.16
2014......................... 47.0-49.6 167.10 -117.50
2015......................... 6.1-6.4 223.85 -217.45
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EPA also examined whether the removal of Stage II program
requirements in southeast Wisconsin will interfere with attainment of
other air quality standards. Southeast Wisconsin is designated
attainment for all standards other than ozone and particulate matter,
including sulfur dioxide and nitrogen dioxide. EPA has no reason to
believe that the removal of the Stage II program in southeast Wisconsin
will cause the area to become nonattainment for any of these
pollutants. In addition, EPA believes that removing the Stage II
program requirements in southeast Wisconsin will not interfere with the
area's 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
both the Milwaukee-Racine and Sheboygan County nonattainment areas and
would not interfere with any other applicable requirement of the CAA,
and thus, are approvable under CAA section 110(l).
V. What action is EPA proposing to take?
EPA is proposing to approve the revision to the Wisconsin ozone SIP
submitted by WDNR on November 12, 2012, 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 national
ambient air quality standards.
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 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);
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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Volatile organic compounds.
Dated: June 3, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-13828 Filed 6-10-13; 8:45 am]
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