
[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]               
[Page 35939-35944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-22]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0406, FRL-8684-8]
RIN 2060-AM74

 
National Emission Standards for Hazardous Air Pollutants for 
Source Category: Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on certain amendments to the 
National Emission Standards for Hazardous Air Pollutants for Source 
Category: Gasoline Dispensing Facilities, which EPA promulgated on 
January 10, 2008, and amended on March 7, 2008. The January 10, 2008 
rule established national emission standards for hazardous air 
pollutants for the facilities in the gasoline distribution (Stage I) 
area source category. This action only affects area source gasoline 
dispensing facilities with a monthly throughput of 100,000 gallons of 
gasoline or more. In this action, EPA is amending the pressure and 
vacuum vent valve cracking pressure and leak rate requirements for 
vapor balance systems used to control emissions from gasoline storage 
tanks at gasoline dispensing facilities. Newly constructed or 
reconstructed gasoline dispensing facilities must comply with the 
requirements of these amendments by the effective date of the 
amendments, or upon start-up, whichever is later. We are not modifying 
the compliance date for existing sources with a monthly throughput of 
100,000 gallons of gasoline or more.

DATES: This direct final rule is effective on September 23, 2008 
without further notice, unless EPA receives adverse comment by August 
11, 2008. If we receive adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this rule, 
or the relevant section of this rule, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0406, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions 
for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Air and Radiation Docket, Environmental Protection 
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver your 
comments to: Air and Radiation Docket, Public Reading Room, EPA West 
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies. We request 
that a separate copy also be sent to the contact persons listed below 
(see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0406. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov docket 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

[[Page 35940]]

available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy at the Air and Radiation Docket, EPA West Building, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Air and 
Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: General and Technical Information: Mr. 
Stephen Shedd, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
EPA, Research Triangle Park, NC 27711, telephone: (919) 541-5397, 
facsimile number: (919) 685-3195, e-mail address: shedd.steve@epa.gov.
    Compliance Information: Ms. Maria Malave, Office of Compliance, Air 
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, telephone: (202) 564-7027, facsimile 
number: (202) 564-0050, e-mail address: malave.maria@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior 
proposal because we view this as a noncontroversial action and 
anticipate no adverse comment. The amendments being implemented revise 
certain technical requirements in 40 CFR part 63, Subpart CCCCCC. 
However, in the ``Proposed Rules'' section of this Federal Register, we 
are publishing a separate document that will serve as the proposed rule 
for these amendments if adverse comments are received on this direct 
final rule. If EPA receives adverse comment on all or a distinct 
portion of this rule, we will publish a timely withdrawal in the 
Federal Register informing the public that some of or this entire 
direct final rule will not take effect. The rule provisions that are 
not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on any other provision, unless we 
determine that it would not be appropriate to promulgate those 
provisions due to their being affected by the provision for which we 
receive adverse comments. We would address all public comments in any 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information on a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                                                  Examples of regulated
            Category                 NAICS *             entities
------------------------------------------------------------------------
Industry.......................          447110  Operations at area
                                                  source gasoline
                                                  dispensing facilities.
                                         447190  .......................
Federal/State/local/tribal       ..............  .......................
 governments.
------------------------------------------------------------------------
\*\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
final rule. To determine whether your facility is regulated by this 
action, you should examine the applicability criteria in 40 CFR part 
63, subpart CCCCCC. If you have any questions regarding the 
applicability of this final rule to a particular entity, consult either 
the air permit authority for the entity or your EPA regional 
representative as listed in 40 CFR 63.13.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final rule will be posted on the TTN's policy and guidance 
page for newly proposed or promulgated rules at the following address: 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.
    Outline: The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of These Final Rule Amendments
III. Rationale For These Final Rule Amendments
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background

    On January 10, 2008 (73 FR 1916), EPA issued a final rule that 
established national emission standards for hazardous air pollutants 
(NESHAP) for the facilities in the gasoline distribution (Stage I \1\) 
area source category. These facilities include bulk distribution 
facilities, i.e., gasoline distribution bulk terminals, bulk plants, 
and pipeline facilities, and gasoline dispensing facilities (GDF), as 
defined in 40 CFR 63.11100 and 63.11132. EPA subsequently identified 
certain cross-referencing errors in the final rule. On March 7, 2008 
(73 FR 12275), EPA promulgated a technical corrections notice and 
corrected those errors. As explained below, this action amends certain 
requirements of the January 10, 2008 final rule that apply to GDF with 
a monthly throughput of 100,000 gallons or more.
---------------------------------------------------------------------------

    \1\ Stage 1 refers to here, the entire gasoline distribution 
system that includes all facilities from and including the refinery 
to the end user, except for vehicle refueling (so called Stage II).

---------------------------------------------------------------------------

[[Page 35941]]

II. Summary of These Final Rule Amendments

    The January 10, 2008, final rule requires installation of vapor 
balance systems between the delivery tank truck and the storage tank at 
GDF with a monthly throughput of 100,000 gallons of gasoline or more. 
Facilities can satisfy the vapor balance system requirements by 
complying with the listed applicability criteria and management 
practices in Table 1 to subpart CCCCCC of 40 CFR part 63.\2\ Entry 
1.(g) in Table 1 to subpart CCCCCC requires the installation of 
pressure/vacuum (PV) vent valves with specific cracking pressure and 
leak rate settings on the storage tank vent pipes at affected GDF. As 
explained below, PV vent valves are integral to the functionality of 
the vapor balance system; however, after promulgation, we discovered 
that PV vent valves with the specific pressure, deviations, and leak 
rate settings required in the January 10, 2008, final rule are no 
longer manufactured. These final rule amendments change those specific 
pressure and leak rate settings for PV vent valves so that GDFs may 
obtain and install PV vent valves and thus operate a functioning vapor 
balance system. The amended PV vent valve settings are:
---------------------------------------------------------------------------

    \2\ Subpart CCCCCC also provides two additional methods for 
complying with the vapor balancing requirements. See Sec. Sec.  
63.11118(b)(2) and 63.11120(b).

    ``A positive pressure setting of 2.5 to 6.0 inches of water and 
a negative pressure setting of 6.0 to 10.0 inches of water. The 
total leak rate of all PV vent valves at an affected facility, 
including connections, shall not exceed 0.17 cubic foot per hour at 
a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a 
---------------------------------------------------------------------------
vacuum of 4 inches of water.''

    New or reconstructed affected GDF, as defined in Sec.  63.11112 of 
Subpart CCCCCC, that have a monthly throughput of 100,000 gallons of 
gasoline or more must comply with the revised vapor balance system 
requirements, set forth in Table 1 of these amendments, by September 
23, 2008, or upon startup, whichever is later. The compliance date for 
existing GDF to install vapor balance systems with a monthly throughput 
of 100,000 gallons of gasoline or more is January 10, 2011, which is 
the same date specified in the January 10, 2008, final rule. We are not 
modifying this date because existing sources will have sufficient time 
to comply with the revised vapor balance system requirements in revised 
Table 1 by that date. The compliance dates for all other requirements 
in the rule remain as promulgated in the January 10, 2008, final rule, 
as those requirements are not the subject of this direct final rule.

III. Rationale for These Final Rule Amendments

    Following issuance of the January 10, 2008, final rule, EPA 
received several inquiries from stakeholders and regulatory agencies 
concerning the PV vent valve requirements for vapor balance systems. A 
vapor balance system is a combination of equipment (connectors, piping, 
storage tank, hoses, PV vent valves, gaskets, and the tank truck). 
These equipment, taken together, work as a system to route the vapors 
displaced from the storage tank back into the delivery tank truck. If 
the PV vent valves, which are an integral part of the vapor balance 
system, are not installed, the vapors would escape into the atmosphere 
through the storage tank vent instead of being routed back into the 
delivery tank truck and the source would not be in compliance with the 
requirement to have a functioning vapor balance system.
    Those who contacted EPA concerning the PV vent valve requirements 
reported that the PV vent valve specifications in the final rule are 
not commercially available because manufacturers are no longer making 
PV vent valves with these specifications; therefore, facilities cannot 
currently comply with the requirements in the January 10, 2008, final 
rule. In entry 1.(g) of Table 1 to Subpart CCCCCC of Part 63, 
``Applicability Criteria and Management Practices for Gasoline 
Dispensing Facilities With Monthly Throughput of 100,000 Gallons of 
Gasoline or More,'' we specified:

    (g) Pressure/vacuum vent valves shall be installed on the 
storage tank vent pipes. For systems where vapors from vehicle 
refueling operations are not recovered, the positive cracking 
pressure shall be 13.8 inches of water and the negative cracking 
pressure shall be 6.9 inches of water. For systems where vapors from 
vehicle refueling operations are recovered (Stage II controls), the 
positive cracking pressure shall be 3 inches of water and the 
negative cracking pressure shall be 8 inches of water. Deviations of 
within 0.5 inches of the specified positive cracking 
pressures and 2.0 inches of the negative pressure are 
acceptable. The leak rates for pressure/vacuum valves, including 
connections, shall be less than or equal to 0.17 cubic foot per hour 
at a pressure of 2.0 inches of water and 0.21 cubic foot per hour at 
a vacuum of 4 inches of water.

    The first set of cracking pressure settings (positive and negative 
cracking pressure of 13.8 and 6.9 inches of water, respectively) are 
from guidance provided for vapor balancing systems installed in the 
1970s. The second set of cracking pressure settings (positive and 
negative cracking pressure of 3 and 8 inches of water, respectively), 
and deviation and leak rate settings are based on the PV vent valve 
cracking pressure setting requirements in the 2005 California Air 
Resources Board (CARB) Vapor Recovery Certification Procedure (CP-201). 
All of these PV vent valve settings were in the draft rule in the 
docket when we proposed the rules for this source category on November 
9, 2006; however, we did not receive any public comments on this 
portion of the draft rule.
    After the final rule was promulgated, interested stakeholders 
contacted EPA and stated that the PV vent valve settings specified in 
the final rule are not being used on GDF storage tanks because 
manufacturers are not making PV vent valves with these settings. In 
response to these inquiries, EPA contacted the two major PV vent valve 
manufacturers and received confirmation that neither manufacturer 
offers a PV vent valve with the settings specified in the January 10, 
2008, final rule nor do they recommend those settings for any vapor 
balance systems, with or without vehicle refueling vapor recovery 
systems.
    EPA also contacted CARB representatives to discuss the issue of the 
PV vent valve settings. The CARB representatives stated that the PV 
vent valve settings in CP-201 apply to vapor balance systems, Stage I 
only and Stage I with Stage II.\3\ With regard to the PV vent valve 
cracking pressure settings, the CARB representatives explained that CP-
201 was amended on May 25, 2006. The 2006 CP-201 specifies acceptable 
ranges for the positive (2.5 to 6.0 inches of water) and negative (6.0 
to 10.0 inches of water) cracking pressures, rather than the single 
values with allowable deviations, which was the format used in the 
January 10, 2008, EPA final rule. The CARB representatives also 
informed EPA that the allowable PV vent valve leak rates in CP-201 were 
also amended on May 25, 2006. The 2006 CP-201 new allowable leak rates 
are less than or equal to 0.17 cubic foot per hour at a pressure of 2.0 
inches of water and 0.63

[[Page 35942]]

cubic foot per hour at a vacuum of 4.0 inches of water. According to 
CARB representatives, CARB's certification testing (using test 
procedure TP-201.1) demonstrates that Stage I and Stage II systems, 
alone or together, achieve CARB's 98-percent efficiency requirement 
using the 2006 CP-201 PV vent valve settings.
---------------------------------------------------------------------------

    \3\ A vapor balance system at GDF is divided into two types. 
Vapor balancing between the delivery tank truck and the storage tank 
is referred to as Stage I or Phase I vapor balance systems. Vapor 
balancing between the storage tank and the vehicle being refueled is 
referred to as Stage II or Phase II vapor balance systems. Among 
other things, the January 10, 2008 final rule requires installation 
of Stage I vapor balance systems at GDF with monthly throughput of 
100,000 gallons of gasoline or more. Stage II controls are not 
required by subpart CCCCCC.
---------------------------------------------------------------------------

    In evaluating how to revise the PV vent valve settings in Table 1, 
we considered if other types of vapor balance systems using the 2006 
CP-201 PV vent valve settings provide emission controls at least 
equivalent to the performance levels of vapor balance systems that 
follow the requirements in Table 1 of the January 10, 2008, final rule. 
Specifically, under the January 10, 2008, final rule, facilities using 
vapor balance systems other than those meeting the management practices 
specified in Table 1 to subpart CCCCCC must demonstrate equivalency 
using the procedures in 40 CFR 63.11120(b)(1) through (3). The 
procedure in Sec.  63.11120(b)(1) requires that vapor balance systems 
be tested using CARB test procedure TP-201.1 to demonstrate that the 
system achieves at least a level of 95 percent control. As noted above, 
CARB's amended 2006 CP-201 PV vent valve settings provide a level of 
emissions control that is at least equivalent to the level required by 
Sec.  63.11120(b)(1).
    Based on the above information and our own analysis, we agree with 
the stakeholders who contacted EPA following issuance of the final rule 
in January 2008. Specifically, we agree that PV vent valves with the 
settings specified in the January 10, 2008, final rule are not 
currently available for purchase from manufacturers so that GDFs 
choosing to comply with the vapor balance system requirement in Table 1 
of Subpart CCCCCC cannot currently comply with this requirement. 
Therefore, given the equal or better control from the amended 2006 CARB 
CP-201 settings, and the fact that PV vent valves meeting these 
specifications are currently available, which is not the case for the 
settings specified in the January 10, 2008, final rule, EPA is taking 
this final action and adopting the following new requirements for PV 
vent valve specifications in entry 1.(g) of Table 1 to subpart CCCCCC 
of 40 CFR part 63:

    (g) Pressure/vacuum (PV) vent valves shall be installed on the 
storage tank vent pipes. The pressure specifications for PV vent 
valves shall be: a positive pressure setting of 2.5 to 6.0 inches of 
water and a negative pressure setting of 6.0 to 10.0 inches of 
water. The total leak rate of all PV vent valves at an affected 
facility, including connections, shall not exceed 0.17 cubic foot 
per hour at a pressure of 2.0 inches of water and 0.63 cubic foot 
per hour at a vacuum of 4 inches of water.

    Because we are modifying the PV vent valve setting requirements of 
Table 1, it is appropriate to address the date by which new and 
existing sources must comply with these new requirements. As explained 
above, the PV vent valve settings are an integral part of enabling the 
vapor balance system to function properly. Without the PV vent valves, 
the vapors escape into the atmosphere rather than being rerouted into 
the tank truck. As also explained above, the PV vent valve settings in 
the January 10, 2008, final rule are not available so owners and 
operators of new and reconstructed GDF cannot currently comply with the 
vapor balance system requirements in subpart CCCCCC.
    Owners or operators of new or reconstructed GDF, as defined in 
Sec.  63.11112 of Subpart CCCCCC, must comply with the new vapor 
balance system requirements specified in Table 1 of these amendments by 
September 23, 2008, or upon startup, whichever is later. Because these 
new PV vent valve settings are off-the-shelf items that are easy to 
install, and because of the 3-year compliance period for existing 
sources specified in the January 10, 2008, final rule, we have not 
extended the compliance date of January 10, 2011, for existing GDF. We 
believe that existing GDF can meet the new requirements in Table 1 of 
this direct final rule by January 10, 2011, which is the compliance 
date specified in the January 10, 2008, rule.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final amendments clarify, but do not add requirements increasing 
the collection burden. The information collection requirements 
contained in the existing regulations at 40 CFR part 63, subpart CCCCCC 
have been sent to the Office of Budget and Management (OMB) for 
approval under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501, et seq. OMB will assign an OMB control number when the 
information collection requirements are approved. The OMB control 
numbers for EPA regulations in 40 CFR are listed in 40 CFR Part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the Agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, a small entity is defined as: (1) A small business whose 
parent company has less than $25 million in revenue (NAICS 447110, 
Gasoline Stations with Convenience Stores), and less than $8.0 million 
in revenue (NAICS 447190, Other Gasoline Stations), and any other small 
business as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; or (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any new requirement on small entities since we are 
replacing one specification for PV vent valves with another readily 
available specification for PV vent valves.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205

[[Page 35943]]

of the UMRA generally requires us to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objectives of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
us to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before we establish any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, we must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. These final rule amendments correct 
a technical error in the rule text for a rule EPA determined not to 
include a Federal mandate that may result in an estimated cost of $100 
million or more (73 FR 1916, January 10, 2008). These amendments do not 
change the level or cost of the standard. Thus, these final rule 
amendments are not subject to the requirements of section 202 and 205 
of the UMRA. EPA has determined that this rule contains no regulatory 
requirement that might significantly or uniquely affect small 
governments. These final rule amendments update PV vent valve settings 
in the vapor balance system requirements in the rule text; thus, the 
amendments should not affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. These final rule amendments 
update the PV vent valve settings in the vapor balance system 
requirements in the rule text. These amendments do not modify existing 
or create new responsibilities among EPA Regional Offices, States, or 
local enforcement agencies. Thus, Executive Order 13132 does not apply 
to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS. This action 
does not involve technical standards. Therefore, EPA did not consider 
the use of any voluntary consensus standard.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. These final rule amendments do not relax the control 
measures on sources regulated by the rule and, therefore, will not 
cause emissions increases from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a

[[Page 35944]]

report containing the final rule amendments and other required 
information to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the final rule amendments in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). These final rule amendments will be effective on 
September 23, 2008.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: June 19, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart CCCCCC--[Amended]

0
2. Section 63.11113 is amended by revising paragraph (a) introductory 
text and by adding paragraph (d) to read as follows:


Sec.  63.11113  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section, except as specified in paragraph (d) of this section.
* * * * *
    (d) If you have a new or reconstructed affected source and you are 
complying with Table 1 to this subpart, you must comply according to 
paragraphs (d)(1) and (2) of this section.
    (1) If you start up your affected source from November 9, 2006 to 
September 23, 2008, you must comply no later than September 23, 2008.
    (2) If you start up your affected source after September 23, 2008, 
you must comply upon startup of your affected source.
* * * * *

0
3. Table 1 to Subpart CCCCCC of Part 63 is amended by revising entry 
1.(g) to read as follows:

    Table 1 to Subpart CCCCCC of Part 63.--Applicability Criteria and
  Management Practices for Gasoline Dispensing Facilities With Monthly
            Throughput of 100,000 Gallons of Gasoline or More
------------------------------------------------------------------------
 If you own or operate . . .              Then you must . . .
------------------------------------------------------------------------
                               * * * * * * *
1. A new, reconstructed, or    (g) Pressure/vacuum (PV) vent valves
 existing GDF subject to Sec.   shall be installed on the storage tank
   63.11118.                    vent pipes. The pressure specifications
                                for PV vent valves shall be: a positive
                                pressure setting of 2.5 to 6.0 inches of
                                water and a negative pressure setting of
                                6.0 to 10.0 inches of water. The total
                                leak rate of all PV vent valves at an
                                affected facility, including
                                connections, shall not exceed 0.17 cubic
                                foot per hour at a pressure of 2.0
                                inches of water and 0.63 cubic foot per
                                hour at a vacuum of 4 inches of water.

                               * * * * *

                              * * * * * * *
------------------------------------------------------------------------

 [FR Doc. E8-14377 Filed 6-24-08; 8:45 am]

BILLING CODE 6560-50-P
