13268 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Proposed Rules 

electrical power generation) exceeding 

the District’s 25 tpy threshold for major 

sources but below the 50 tpy threshold 

for CAA serious ozone nonattainment 

areas. Both sources are covered by SIPapproved RACT rules. The electrical 

power generating station is covered by 

VCAPCD Rule 59 ‘‘Electric Power 

Generating Equipment’’ and operates 

two natural gas fired steam generators 

equipped with selective catalytic 

reduction and ammonia injection. The 

facility only operates when requested by 

the California Independent System 

Operator (CAISO). Since Rule 59 was 

last amended in 1997, it may be an area 

to investigate for potential emission 

reductions when the District next 

evaluates RACT for the 2008 8-hour 

ozone standard. Based on EPA’s review 

of the District’s evaluations, we propose 

to conclude that all of the 2006–2008 

CTGs are either covered by SIPapproved rules which satisfy RACT for 

the 1997 8-hour ozone NAAQS or the 

District has adopted negative 

declarations where they do not have 

sources subject to a CTG. The TSD has 

more information on our evaluation. 

C. EPA Recommendations To 

Strengthen the RACT SIP 

We recommend VCAPCD investigate 

Rule 59 for potential emissions 

reductions when the District next 

evaluates RACT for the 2008 8-hour 

ozone standard. We discuss this 

recommendation further in our TSD. 

D. Proposed Action and Public 

Comment 

Based on the evaluations discussed 

above and more fully in our TSD, we are 

proposing to conclude that VCAPCD’s 

2009 RACT SIP satisfies CAA section 

182 RACT requirements for the 1997 8- 

hour ozone NAAQS and to fully 

approve this submission into the 

California SIP pursuant to section 

110(k)(3) of the Act. We will accept 

comments from the public on this 

proposal for the next 30 days. Unless we 

receive convincing new information 

during the comment period, we intend 

to publish a final approval action that 

will incorporate this RACT submission 

into the federally enforceable SIP. 

III. 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. This 

action merely proposes to approve 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); 

• 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 with 

practical, appropriate, and legally 

permissible methods under Executive 

Order 12898 (59 FR 7629, February 16, 

1994). 

In addition, this proposed action 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 24, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–05102 Filed 3–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0509; A–1–FRL– 

9906–95–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Decommissioning of Stage 

II Vapor Recovery Systems 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire Department of 

Environmental Services. This revision 

includes regulatory amendments that 

require the decommissioning of Stage II 

vapor recovery systems at gasoline 

dispensing facilities by December 22, 

2015, and a demonstration that such 

removal is consistent with the Clean Air 

Act and EPA guidance. The intended 

effect of this action is to propose 

approval of New Hampshire’s revised 

vapor recovery regulation. 

DATES: Written comments must be 

received on or before April 9, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2013–0509 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2013–0509,’’ 

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, Air 

Quality Planning Unit, 5 Post Office 

Square—Suite 100, (mail code OEP05– 

2), Boston, MA 02109–3912. Such 

deliveries are only accepted during the 


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1 In areas where certain types of vacuum-assist 

Stage II vapor recovery systems are used, the 

differences in operational design characteristics 

between ORVR and some configurations of these 

Stage II vapor recovery systems result in the 

reduction of overall control system efficiency 

compared to what could have been achieved 

relative to the individual control efficiencies of 

either ORVR or Stage II emissions from the vehicle 

fuel tank. 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2013– 

0509. 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, Office of Ecosystem 

Protection, 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 to 4:30, 

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: Air Resources Division, 

Department of Environmental Services, 

6 Hazen Drive, P.O. Box 95, Concord, 

NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, 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– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

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 New Hampshire’s Stage II 

Vapor Recovery Program SIP Revision. 

III. EPA’s Evaluation of New Hampshire’s SIP 

Revision. 

IV. Proposed Action. 

V. Statutory and Executive Order Reviews. 

I. Background and Purpose 

On June 18, 2013, the New Hampshire 

Department of Environmental Services 

submitted a revision to its State 

Implementation Plan (SIP). The SIP 

revision consists of New Hampshire’s 

revised Env–Or 500, Recovery of 

Gasoline Vapors (formerly numbered 

Env–A 1205), and a demonstration that 

such removal is consistent with the 

Clean Air Act and 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 gasoline 

dispensing facilities (GDFs) and capture 

the refueling fuel vapors at the gasoline 

pump. The system carries the vapors 

back to the underground storage tank at 

the GDF to prevent the vapors from 

escaping to the atmosphere. ORVR 

systems are carbon canisters installed 

directly on automobiles to capture the 

fuel vapors evacuated from the gasoline 

tank before they reach the nozzle. The 

fuel vapors captured in the carbon 

canisters are then combusted in the 

engine when the automobile is in 

operation. 

Stage II vapor recovery systems and 

vehicle ORVR systems were initially 

both required by the 1990 Amendments 

to the Clean Air Act (CAA). Section 

182(b)(3) of the CAA requires moderate 

and above ozone nonattainment areas to 

implement Stage II vapor recovery 

programs. Also, under CAA section 

184(b)(2), states 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 gasolinepowered 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 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. Currently, more than 75 percent 

of gasoline refueling nationwide occurs 

with ORVR-equipped vehicles, so 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.1

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 


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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. 

II. Summary of New Hampshire’s Stage 

II Vapor Recovery Program SIP 

Revision 

New Hampshire adopted its Stage II 

Vapor Recovery Program in 1992 in 

order to satisfy the requirements of 

sections 182(b)(3) and 184(b)(2) of the 

CAA. The New Hampshire Stage II 

vapor recovery program requirements 

were codified in New Hampshire rule 

Env–A 1205, Volatile Organic 

Compounds (VOC): Gasoline Dispensing 

Facilities and Gasoline Tank Trucks, 

and EPA approved the program into the 

New Hampshire SIP on December 7, 

1998 (63 FR 67405). New Hampshire’s 

rule required gasoline dispensing 

facilities in Hillsborough, Merrimack, 

Rockingham, and Strafford counties to 

install Stage II vapor recovery systems. 

In addition, in a SIP revision dated July 

9, 1998, New Hampshire identified 

comparable measures (a combination of 

emission reductions from the 

implementation of Stage II and 

reformulated gasoline) to meet the CAA 

section 184(b)(2) requirement for a state 

in the OTR to adopt Stage II or 

comparable measures. EPA approved 

New Hampshire section 184(b)(2) Stage 

II comparability demonstration on 

September 29, 1999 (64 FR 52434). 

On June 18, 2013, New Hampshire 

submitted a SIP revision requesting the 

removal of its Stage II vapor recovery 

program from the New Hampshire SIP. 

The SIP revision consists of New 

Hampshire’s revised regulation Env–Or 

500, Recovery of Gasoline Vapors, 

formerly known as Env–A 1205. The 

revised rule exempts new dispensing 

facilities from the requirements to 

install Stage II vapor recovery systems 

and requires existing Stage II vapor 

recovery systems to be decommissioned 

by December 22, 2015. 

The June 18, 2013 SIP revision also 

includes a narrative demonstration 

supporting the removal of the New 

Hampshire Stage II vapor recovery 

program. This demonstration 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. 

This demonstration also highlights that 

EPA redesignated the ozone 

nonattainment area in southern New 

Hampshire to attainment for the 1997 

ozone national ambient air quality 

standard (NAAQS) on January 31, 2013 

(78 FR 6741) and that EPA designated 

the entire state of New Hampshire as 

unclassifiable/attainment for the 2008 

ozone NAAQS (77 FR 30088; May 21, 

2012). 

III. EPA’s Evaluation of New 

Hampshire’s SIP Revision 

EPA has reviewed New Hampshire’s 

revised regulation Env–Or 500, 

Recovery of Gasoline Vapors, and 

accompanying SIP narrative and has 

concluded that New Hampshire’s June 

18, 2013 SIP revision is consistent with 

EPA’s widespread use rule (77 FR 

28772; May 16, 2012) and 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. 

New Hampshire’s June 18, 2013 SIP 

revision includes a CAA section 110(l) 

anti-back sliding demonstration based 

on equations in EPA’s Guidance 

Document. According to these 

calculations, the potential loss of 

refueling emission reductions from 

removing Stage II vapor recovery 

systems in 2012 (the effective date of the 

regulation amendments) is 9.36 percent, 

thus meeting the 10 percent de minimis 

recommendation in EPA’s Guidance 

Document. 

In addition, New Hampshire’s ozone 

redesignation request, which EPA 

approved on January 31, 2013 (78 FR 

6741), included a maintenance plan 

with future year emission estimates. The 

maintenance plan showed that 

estimated VOC and NOx emissions in 

2012 and 2022 were less than the 2008 

attainment year VOC and NOx 

emissions. The anticipated phase-out of 

New Hampshire’s Stage II program was 

included in these emission projections. 

Therefore, the maintenance plan 

estimates also support the position that 

discontinuing the Stage II program does 

not interfere with maintenance of the 

ozone NAAQS. 

Finally, New Hampshire’s June 18, 

2013 SIP revision also includes 

calculations illustrating that the overall 

emissions effect of removing the Stage II 

vapor recovery program would be an 

increase of 171 tons in 2012. EPA’s 2011 

National Emissions Inventory database, 

Version 1, illustrates that New 

Hampshire’s statewide anthropogenic 

VOC emissions were 44,974 tons (see 

www.epa.gov/ttn/chief/net/

2011inventory.html), therefore the 171 

annual tons of VOC emissions increase 

calculated by New Hampshire are only 

about 0.4 percent of the total 

anthropogenic VOC emissions in New 

Hampshire. Also, these foregone 

emissions reductions in the near term 

continue to diminish rapidly over time 

as ORVR phase-in continues. Therefore, 

EPA believes that the resulting 

temporary increases in VOC emissions 

will not interfere with maintenance of 

the ozone NAAQS. 

IV. Proposed Action 

EPA is proposing to approve New 

Hampshire’s June 18, 2013 SIP revision. 

Specifically, EPA is proposing to 

approve the amended New Hampshire 

rule Env–Or 500, Recovery of Gasoline 

Vapors, and incorporate it into the New 

Hampshire SIP. EPA is proposing to 

approve this SIP revision because it 

meets all applicable requirements of the 

Clean Air Act and 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. 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 


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Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Proposed Rules 13271 

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 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, 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, 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. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2014–04950 Filed 3–7–14; 8:45 am] 

BILLING CODE 6560–50–P 


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