[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Proposed Rules]
[Pages 19828-19833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07214]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0196; FRL-9701-01-R3]


Approval and Promulgation of Air Quality Implementation Plans;

    Delaware; Removal of Stage II Gasoline Vapor Recovery Program 
Requirements and Revision of Stage I Gasoline Vapor Recovery Program 
Requirements
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, made in two 
separate submittals, by the State of Delaware. This revision removes 
requirements for gasoline vapor recovery systems installed on gasoline 
dispensers, the purpose of which are to capture emissions from vehicle 
refueling operations, otherwise known as Stage II vapor recovery. This 
revision also strengthens Delaware's requirements for gasoline vapor 
recovery systems that capture emissions from storage tank refueling 
operations, otherwise known as Stage I vapor recovery. Specifically, 
this action would remove from the approved SIP prior-approved Stage II 
requirements applicable to new and existing gasoline dispensing 
facilities (GDFs). New and existing GDF's will be required to 
decommission their Stage II vapor recovery systems (VRS) and to 
install, maintain, and periodically test Stage I enhanced vapor 
recovery systems (EVRS). Delaware's SIP revision establishes a 
compliance schedule for these changes and includes a demonstration that 
removal of Stage II requirements is consistent with the Clean Air Act 
(CAA) and meets all relevant EPA guidance.

DATES: Written comments must be received on or before May 6, 2022.

[[Page 19829]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2022-0196 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#63040c11070c0d4d0e0a0806230613024d040c15"><span class="__cf_email__" data-cfemail="c0a7afb2a4afaeeeada9aba580a5b0a1eea7afb6">[email protected]</span></a>. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2103. Mr. Yarina can also be reached 
via electronic mail at <a href="/cdn-cgi/l/email-protection#d58cb4a7bcbbb4fb94b1b4b895b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="257c44574c4b440b64414448654055440b424a53">[email protected]</span></a>.

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

I. Background and Purpose
II. Summary of Delaware's Stage I and Stage
II Vapor Recovery Program and SIP Revisions
III. EPA's Evaluation of Delaware's SIP Revisions
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 17, 2020, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted a revision to its SIP. This 
SIP submittal includes Delaware's revised Stage I and Stage II vapor 
recovery regulations at 7 DE Admin Code 1124 Section 26.0 Gasoline 
Dispensing Facility Stage I Vapor Recovery and Section 36.0 Vapor 
Emission Control at Gasoline Dispensing Facilities, respectively. These 
regulations have been revised to require the decommissioning of 
existing Stage II VRS and the installation, maintenance, and testing of 
Stage I EVRS at new and existing GDFs. The SIP submittal establishes a 
compliance schedule for these changes and includes a demonstration that 
removal of Stage II VRS in Delaware will not interfere with any 
requirement concerning attainment or reasonable progress of any 
national ambient air quality standard (NAAQS), or any other applicable 
requirement of the CAA. All existing GDFs in Delaware were to 
decommission their Stage II VRS by December 31, 2021, and install Stage 
I EVRS by December 31, 2025. New GDFs are prohibited from installing 
Stage II VRS and must install Stage I EVRS at construction. Delaware's 
SIP demonstration is also intended to show that removal of Stage II 
requirements is consistent with all relevant EPA guidance.
    Stage II vapor recovery is an emission control system that is 
installed on gasoline dispensing equipment at GDFs for the purpose of 
capturing fuel vapor that would otherwise be released from vehicle gas 
tanks into the atmosphere during vehicle refueling. Stage II VRS 
installed on dispensing equipment capture these refueling emissions at 
the dispenser and route the refueling vapors back to the GDF's 
underground storage tank, preventing volatile organic compounds (VOCs) 
that comprise these vapors from escaping to the atmosphere. Beginning 
in 1998, newly manufactured gasoline-burning cars and trucks have been 
equipped with on-board vapor recovery (ORVR) systems that utilize 
carbon canisters installed directly on the vehicle to capture refueling 
vapors in the vehicle to be later routed to the vehicle's engine for 
combustion during engine operation.
    Stage I VRS 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. Stage I VRS route these displaced vapors 
into the delivery truck's tank. Some vapors are vented when the storage 
tank exceeds a specified pressure threshold, however Stage I VRS 
greatly reduce the possibility of these displaced vapors being released 
into the atmosphere.
    The 1990 CAA amendments initially required implementation of both 
Stage II VRS and ORVR systems. Section 182(b)(3) of the CAA required 
areas classified as moderate and above ozone nonattainment to implement 
Stage II vapor recovery programs, while CAA section 184(b)(2) required 
states in the Northeast Ozone Transport Region (OTR) to implement Stage 
II vapor recovery or comparable measures. CAA section 202(a)(6) 
required EPA to promulgate regulations for ORVR for light-duty cars and 
trucks (passenger vehicles); EPA adopted these requirements in a final 
action published in the April 6, 1994 Federal Register (59 FR 16262, 
hereafter referred to as the ORVR rule). Upon the effective date of 
that final rule, moderate ozone nonattainment areas were no longer 
subject to CAA section 182(b)(3) Stage II vapor recovery requirements. 
Under the ORVR rule, new passenger cars built in model year 1998 and 
later were required to be equipped with ORVR systems, followed by model 
year 2001 and later light-duty trucks. ORVR equipment has been 
installed on nearly all new gasoline-powered light-duty cars, light-
duty trucks, and heavy-duty vehicles manufactured 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 VOC 
emission reductions in ozone nonattainment areas and in certain areas 
of the OTR. Congress recognized that ORVR systems and Stage II VRS 
would over time become largely redundant technologies acting to capture 
the same pollutants; Congress therefore provided authority in the 1990 
CAA amendments for EPA to allow states to remove Stage II vapor 
recovery programs from their SIPs upon EPA making a finding that ORVR 
is in ``widespread use.'' \2\ EPA issued a widespread use finding in a 
final rule published in the May 16, 2012 Federal Register (77 FR 
28772), in which EPA determined that ORVR was in widespread use on a 
nationwide basis. EPA estimated that by the end of 2016, more than 88 
percent of gasoline refueling nationwide would occur with ORVR-equipped 
vehicles.\3\ Thus, Stage II vapor recovery programs have become largely 
redundant control systems for ORVR-equipped vehicles and, as a result, 
Stage II VRS achieve ever-declining emissions benefits as more

[[Page 19830]]

ORVR-equipped vehicles continue to enter the on-road motor vehicle 
fleet.\4\ In areas where certain types of vacuum-assist Stage II VRS 
are used, such as Delaware, the incompatibility between ORVR systems 
and certain configurations of Stage II vapor recovery systems results 
in the reduction of overall control system efficiency in capturing VOC 
refueling emissions, compared to what would otherwise be achieved by 
ORVR or Stage II VRS acting in the absence of the other. In its May 16, 
2012 widespread use rulemaking, EPA also exercised its authority under 
CAA section 202(a)(6) to waive certain federal statutory requirements 
for Stage II VRS at GDFs, which among other things, exempted 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 program may submit SIP revisions 
that would allow for the phase-out of Stage II VRS.
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    \2\ See CAA Section 202(a)(6)
    \3\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Table A-1 (August 7, 2012).
    \4\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, p.1 (August 7, 2012).
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    Stage I VRS 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. 
In more recent years, the California Air Resources Board (CARB) has 
required Stage I VRS capable of achieving vapor control efficiencies 
higher than those achieved by traditional systems. These systems are 
commonly referred to as Stage I EVRS.

II. Summary of Delaware's Stage I and Stage II Vapor Recovery Program 
and SIP Revisions

    Since the early 1990s, ambient air quality in Delaware--in 
particular that of New Castle County, which is Delaware's portion of 
the Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD metropolitan area--has 
been in nonattainment for the ground-level ozone NAAQS. New Castle 
County and Kent County were both classified as Severe-15 nonattainment 
for the 1-hour 1979 ozone NAAQS, while Sussex County was classified as 
Marginal nonattainment. See 56 FR 56694. Because gasoline vapors 
contain mainly VOCs and contribute to the formation of ground-level 
ozone, Section 182(b)(3) of the CAA Amendments of 1990 requires states 
with moderate and higher ozone nonattainment areas to revise their SIPs 
to require ``owners or operators of gasoline dispensing systems to 
install and operate . . . a system for gasoline vapor recovery of 
emissions from the fueling of motor vehicles.'' \5\ As a result, in 
1993 Delaware adopted Stage I and Stage II vapor recovery requirements 
at 7 DE Admin Code 1124, Section 26.0 Gasoline Dispensing Stage I Vapor 
Recovery, and Section 36.0 Stage II Vapor Recovery,\6\ respectively. 
These changes were subsequently incorporated into Delaware's SIP; see 
the Federal Register notice from June 10, 1994 at 59 FR 29956, and May 
3, 1995 at 60 FR 21707.\7\
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    \5\ CAA Section 182(b)(3).
    \6\ The title of this section was subsequently revised by 
Delaware to ``Vapor Emission Control at Gasoline Dispensing 
Facilities,'' as discussed later in this rule.
    \7\ Although these SIP revisions were approved by EPA on 
different dates, the Delaware state effective date for these 
requirements was January 11, 1993. The Federal Register document 
published on December 7, 1998 at 63 FR 67407 has a comprehensive 
list of approved Delaware SIP revisions as of that date.
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    In September 2015, due to the widespread use of ORVR and its 
incompatibility with the Stage II vacuum-assist VRS in use at Delaware 
GDFs, Delaware revised its vapor recovery regulations to allow existing 
GDFs the option to decommission their Stage II VRS, and for new GDFs to 
forgo them entirely, provided that GDFs installed, maintained, and 
periodically tested Stage I EVRS.\8\ These revisions, referred to by 
Delaware as the ``2015 Stage II Regulation,'' were interim updates that 
were intended to test the feasibility and effectiveness of this 
approach, and were not incorporated into Delaware's SIP at that time. 
Delaware subsequently revised and finalized these requirements in 2019 
and 2020. The finalized revisions, referred to by Delaware as the 
``2019 Stage II Revision,'' mandated that existing GDFs decommission 
their Stage II VRS by December 31, 2021, and prohibited new GDFs from 
installing them at all. At the same time, Delaware also updated and 
finalized changes to the 2002 version of 7 DE Admin. Code 1124, Section 
26.0, Gasoline Dispensing Facility Stage I Recovery. These updated 
requirements mandated that existing GDFs install Stage I EVRS by 
December 31, 2025, while new GDFs were required to install them upon 
construction.\9\
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    \8\ 19 DE Reg. 199, 7 DE Admin. Code 1124 Control of Volatile 
Organic Compound Emissions; issued August 17, 2015 via Secretary's 
Order No. 2015-A-0030, effective September 11, 2015.
    \9\ 24 DE Reg. 61, 7 DE Admin. Code 1124 Control of Volatile 
Organic Compound Emissions, Section 26--Gasoline Dispensing Facility 
Stage I Vapor Recovery, and Section 36--Vapor Emission Control at 
Gasoline Dispensing Facilities; issued June 11, 2020 via Secretary's 
Order No.: 2020-A-0017, effective July 11, 2020.
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    On November 17, 2020, Delaware submitted a SIP revision to EPA 
consisting of these state regulatory requirements adopted by DNREC, 
along with a demonstration of the emission impacts of the changes to 
Stage I and Stage II requirements on affected Delaware areas. This SIP 
revision, referred to by Delaware as the ``DE 2019 Stage I-II SIP 
Revision'' includes revised rules that mandated the decommissioning of 
Stage II VRS at existing GDFs by December 31, 2021, prohibit the 
installation of Stage II VRS at new GDFs, and mandate the installation 
of Stage I EVRS at existing GDFs by December 31, 2025, and at new GDFs 
upon construction. Delaware's revised rules incorporate by reference 
requirements and procedures for decommissioning Stage II VRS based on 
Chapter 14 of the Petroleum Equipment Institute's ``Recommended 
Practices for Installation and Testing of Vapor-Recovery Systems at 
Vehicle-Fueling Sites,'' 2019 edition, PEI/RP300-19. The revised rules 
also incorporate by reference requirements and procedures for the 
design, installation, maintenance, and periodic testing of Stage I 
EVRS, and for the maintenance and periodic testing of Stage II VRS for 
GDFs that opt to continue operating them until the decommission 
deadline.\10\
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    \10\ See 24 DE Reg. 61, 7 DE Admin. Code 1124, Control of 
Volatile Organic Compound Emissions, Section 36.4 Standards for 
Facilities with Stage I Vapor Recovery Systems, and Section 36.3 
Standards for Facilities with Stage II Vapor Recovery Systems, 
respectively.
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    Delaware's November 17, 2020 SIP revision also includes a 
demonstration supporting the discontinuation of the Delaware Stage II 
vapor recovery program. This demonstration, discussed in greater detail 
below, consists of an analysis that after the year 2016, the overall 
emissions benefits associated with the Stage II program, operated in 
conjunction with ORVR, are overwhelmed by an emissions disbenefit 
caused by ORVR incompatibility with the vacuum-assist type Stage II VRS 
equipment in use at Delaware GDFs. DNREC's analysis shows that 
continued operation of the

[[Page 19831]]

Stage II vapor recovery program beyond 2016 actually increases VOC 
emissions due to the incompatibility between the vacuum-assist type 
Stage II VRS equipment in use at Delaware GDFs and ORVR, coupled with 
the increasing prevalence of ORVR-equipped vehicles. Delaware further 
demonstrates that mandating the decommissioning of all Stage II VRS 
equipment by December 31, 2021, will result in additional emissions 
benefits, especially when combined with Stage I EVRS and the increasing 
prevalence of ORVR-equipped vehicles.
    On July 14, 2021, Delaware submitted an additional SIP revision to 
further amend 7 DE Admin. Code 1124, Control of Volatile Organic 
Compound Emissions, Section 36.0 Vapor Emission Control at Gasoline 
Dispensing Facilities. These amendments update references to several 
CARB Executive Orders (EOs) previously incorporated by reference into 7 
DE Admin. Code 1124, which were subseuently modified by CARB between 
July 17, 2019 and June 3, 2020, after Delaware's 2020 amendments to 7 
DE Admin. Code 1124. The modified CARB EOs extend expiration dates and 
specify additional parts to be used in some certified Stage I EVRS.\11\ 
The 2020 SIP submittal and 2021 SIP submittal will both be considered 
in this rulemaking.
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    \11\ 24 DE Reg. 944, 7 DE Admin. Code 1124, Control of Volatile 
Organic Compound Emissions, Section 36.0, Vapor Emission Control at 
Gasoline Dispensing Facilities, specifically Section 36.5 
Requirements for Stage I Facilities with Continuous Pressure 
Monitoring Systems, 36.10 Approved Systems, and Section 36.11 
Referenced Standards; issued March 11, 2021 via Secretary's Order 
No.: 2021-A-0009, effective April 11, 2021.
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III. EPA's Evaluation of Delaware's SIP Revisions

    EPA has reviewed Delaware's revised 7 DE Admin. Code 1124, Control 
of Volatile Organic Compound Emissions, and accompanying SIP narrative, 
and has concluded that Delaware's November 17, 2020 and July 14, 2021 
SIP revisions are 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 Plan and 
Assessing Comparable Measures'' (EPA-457/B-12-001; August 7, 2012), 
hereafter referred to as EPA's Stage II Removal Guidance.
    Delaware's November 17, 2020 revision includes a demonstration 
supporting the discontinuation of the Delaware Stage II vapor recovery 
program, in compliance with the requirements of the CAA sections 110(l) 
requirement that revision of the SIP will not interfere with attainment 
of or reasonable further progress towards attainment of any NAAQS or 
any other applicable CAA requirement. This demonstration was prepared 
by DNREC based on relevant equations provided in EPA's Stage II Removal 
Guidance. From this analysis, Delaware determined that by2017 the 
emissions benefits from the Stage II vapor recovery program, in 
conjunction with ORVR will be overwhelmed by the emission disbenefits 
stemming from an incompatibility between Stage II vacuum-assist type 
VRS equipment and ORVR. Beyond 2016, the continuation of Stage II vapor 
recovery requirements would increase emissions in Delaware, as 
summarized in Table 1 in this document. If not removed, the vacuum-
assist Stage II systems in Delaware would lead to an emission increase 
of 30.87 tons in the ozone season \12\ and 71.13 tons annually by 2021. 
As a result, Delaware elected to allow decommissioning of Stage II VRS 
beginning in September 2015 and to mandate decommissioning of Stage II 
VRS by December 31, 2021. Implementation of these requirements are 
estimated to reduce emissions resulting from the incompatibility of 
Stage II VRS and ORVR to 7.59 tons during the 2021 ozone season and 
17.48 tons for all of 2021. The EPA has reviewed Delaware's work and 
finds that its underlying data, methods, and resulting conclusions are 
consistent with all relevant EPA guidance for Stage II vapor recovery 
requirements.
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    \12\ The ozone season is the five-month period from May 1 to 
September 30 in the calendar year.

   Table 1--Estimates of Delaware VOC Emissions Benefits From Stage II
                        Vapor Recovery Equipment
------------------------------------------------------------------------
                                           Tons * (ozone      Tons *
                  Year                        season)        (annual)
------------------------------------------------------------------------
2016....................................            3.74           8.625
2017....................................           -4.96          -11.43
2018....................................          -13.08          -30.14
2019....................................          -19.78          -45.58
2020....................................          -25.55          -58.86
2021....................................          -30.87          -71.13
2022....................................          -35.75          -82.37
2023....................................          -40.17          -92.55
2024....................................          -44.12         -101.65
2025....................................          -47.59         -109.64
2026....................................          -51.10         -117.74
------------------------------------------------------------------------
* Negative numbers indicate emissions increases instead of emissions
  reductions.

    In evaluating whether a given SIP revision would interfere with 
attainment of a NAAQS, EPA generally considers whether the SIP revision 
will allow for an increase in actual emission into the air over what is 
allowed under the existing EPA-approved SIP. EPA has not required that 
states produce a new complete attainment demonstration for every SIP 
revision, provided that the status quo air quality is preserved.\13\ 
EPA believes that a planned Stage II decommissioning that is shown not 
to result in an increase in areawide VOC emissions is consistent with 
the conditions of CAA section 110(l), and would not jeopardize 
attainment or maintenance of an area that formerly relied upon Stage II 
emission reductions in the approved SIP. Delaware has demonstrated that 
Stage II vapor recovery will no longer provide emission reductions when 
compared to ORVR without Stage II vapor recovery. Stage II vapor 
recovery operated in conjunction with ORVR has been shown by Delaware 
to result in increased VOC

[[Page 19832]]

emissions since 2017, due to incompatibilities between certain types of 
Stage II VRS equipment and vehicle ORVR systems. Therefore, EPA 
believes discontinuance of Stage II in Delaware will not interfere with 
the state's ability to attain or maintain the NAAQS, or to provide 
reasonable further progress in meeting the NAAQS.
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    \13\ EPA Guidance on Removing Stage II Gasoline Vapor Control 
Programs from State Implementation Plans and Assessing Comparable 
Measures, Section 2.2 (August 7, 2012).
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    States in the OTR defined by the CAA remain obligated under CAA 
section 184(b)(2) to implementeither a statewide Stage II vapor 
recovery program or other measures capable of achieving emission 
reductions ``comparable to those achievable'' by Stage II vapor 
recovery. EPA issued guidance on this OTR comparability demonstration 
in 1995 and later updated that guidance as part of its August 2012 
Stage II Removal Guidance.
    Delaware is required to demonstrate Stage II comparability for 
areas where Stage II vapor recovery was previously mandated by CAA 
section 182(b)(3) prior to EPA's issuance of its ORVR ``widespread 
use'' determination; for Delaware, this applies statewide (i.e., for 
New Castle, Kent, and Sussex counties). The 110(l) demonstration in 
Delaware's November 17, 2020, SIP revision shows that Stage II no 
longer yields VOC emissions benefits in these areas after 2016 when 
operated in conjunction with ORVR, and in fact results in emissions 
increases. Therefore, since Stage II provides no additional benefits 
beyond ORVR, and results in increases in VOC emissions after 2016, EPA 
believes that removal of Stage II satisfies the Stage II comparability 
requirement of section 184 for these areas.
    In addition to the CAA section 182 and 184 requirements applicable 
to Stage II vapor recovery, CAA section 193 prohibits modification of 
any control requirement in effect before enactment of the CAA of 1990 
(i.e., November 15, 1990) in a current nonattainment area--unless 
modification ``ensures equivalent or greater emission reductions.'' 
Therefore, a Stage II vapor recovery control program implemented under 
a SIP prior to November 1990 may not be removed from the SIP until 
another requirement is shown to achieve equal or greater emissions 
reductions than Stage II vapor recovery. Delaware did not have a Stage 
II program prior to November 15, 1990, so Stage II was not a part of 
the Delaware SIP prior to that date. Therefore, this ``general savings 
clause'' requirement of CAA section 193 does not apply to Delaware or 
to this action.
    With respect to Stage I vapor recovery requirements, Delaware's 
revised regulations in 7 DE Admin. Code 1124, Sections 26.0 and 36.0 
are more stringent than the previously approved version of the 
rule,\14\ thus meeting the CAA section 110(l) anti-back sliding 
requirements. As noted above, the revised rule requires existing GDFs 
to install CARB-approved Stage I EVRS by December 31, 2025, while new 
GDFs are required to install them upon construction. CARB-approved 
Stage I EVRS have been certified to achieve a 98 percent reduction in 
VOC emissions, compared to 95 percent for non-EVRS Stage I systems. 
Thus, when non-EVRS Stage I systems in Delaware are replaced with CARB-
approved Stage I EVRS, greater emission reductions will be achieved.
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    \14\ EPA's most recent approval of 7 DE Admin. Code 1124, 
Sections 26.0 and 36.0 was on August 11, 2010 (see 75 FR 48566).
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IV. Proposed Action

    EPA is proposing to approve Delaware's November 17, 2020, and July 
14, 2021 SIP revisions for statewide removal of Stage II vapor recovery 
requirements, statewide prohibition of Stage II VRS installation at new 
GDFs, the statewide mandatory decommissioning of Stage II VRS at 
existing GDFs by December 31, 2021, and the statewide mandatory 
installation of Stage I EVRS at all GDFs by December 31, 2025. 
Specifically, EPA is proposing to approve Delaware's revised 7 DE 
Admin. Code 1124, Control of Volatile Organic Compound Emissions, and 
incorporate it into the Delaware 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 because approval of this SIP 
revision will not interfere with attainment or maintenance of the ozone 
NAAQS.
    EPA is soliciting public comments on the issues discussed in this 
notice or other relevant matters. These comments will be considered 
before taking final action.

V. Incorporation by Reference

    In this document, EPA proposes to include, in our subsequent final 
EPA rule, regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the State of Delaware's revised 7 DE Admin 
Code 1124 Section 26.0 Gasoline Dispensing Facility Stage I Vapor 
Recovery and Section 36.0 Vapor Emission Control at Gasoline Dispensing 
Facilities, which will include the revisions issued on August 17, 2015 
via 19 DE Reg. 199 (state effective date September 11, 2015), the 
revisions issued on June 11, 2020 via 24 DE Reg. 61 (state effective 
date July 11, 2020), and the revisions issued on March 11, 2021 via 24 
DE Reg. 944 (state effective date April 11, 2021).
    EPA has made, and will continue to make, these materials generally 
available through https://www.regulations.gov and at the EPA Region III 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
    <bullet> Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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

[[Page 19833]]

    <bullet> 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 proposed rule to remove Delaware's Stage II vapor 
recovery requirements 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 30, 2022.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-07214 Filed 4-5-22; 8:45 am]
BILLING CODE 6560-50-P


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