[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Proposed Rules]
[Pages 65714-65719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23019]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2022-0169; FRL-9610-01-R2


Approval of Air Quality Implementation Plans; New York; Gasoline 
Dispensing Stage I, Stage II, and Transport Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds. The 
proposed SIP revision consists of amendments to regulations in New 
York's Codes, Rules and Regulations (NYCRR) applicable to gasoline 
dispensing sites and transport vehicles. The intended effect of today's

[[Page 65715]]

action is to approve control strategies, required by the Clean Air Act, 
which will result in emission reductions that will help attain and 
maintain national ambient air quality standards for ozone and will 
reduce volatile organic compounds throughout the State.

DATES: Written comments must be received on or before December 2, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0169 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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, 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: Ysabel Banon, Environmental Protection 
Agency, Air Programs Branch, Region 2, 290 Broadway, New York, New York 
10007-1866, at (212) 637-3382, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

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

I. Background

    On March 3, 2021, the New York State Department of Environmental 
Conservation (NYSDEC) submitted a revision to its SIP. The submitted 
SIP revision included changes resulting from New York's repeal and 
replacement of Title 6 of New York Codes, Rules and Regulations 
(NYCRR), part 230, ``Gasoline Dispensing Sites and Transport 
Vehicles.'' These revisions to 6 NYCRR part 230 eliminate Stage II 
vapor recovery systems requirements and require the decommissioning of 
existing Stage II vapor recovery systems; strengthen Stage I vapor 
recovery requirements; and require that transport vehicles meet current 
federal United States Department of Transportation (DOT) requirements. 
On September 17, 2021, NYSDEC submitted a supplemental analysis, ``New 
York State Stage II Removal Analysis 2020,'' to demonstrate its 
justification of Stage II removal; this analysis is included in the 
docket for this action. Attendant revisions to 6 NYCRR section 200, 
``General Provisions,'' section 200.9, Table 1, ``Referenced 
material'', related to 6 NYCRR part 230 have been addressed under a 
separate rulemaking at 87 FR 52337, effective September 26, 2022.

Ozone Requirements

    New York is classified as nonattainment for the 2008 and 2015 ozone 
national ambient air quality standards (NAAQS) for the New York portion 
of the New York-Northern New Jersey-Long Island, NY-NJ-CT area (also 
known as the New York Metropolitan Area, or NYMA).\1\ New York is also 
a member state of the Ozone Transport Region (OTR), which means it must 
meet certain requirements for nonattainment areas regardless of its 
attainment status. The Clean Air Act (CAA) section 182(b)(2)(A) 
requires that for ozone nonattainment areas classified as moderate or 
above, states must revise their SIPs to include provisions to implement 
Reasonably Available Control Technology (RACT) for each category of 
volatile organic compound (VOC) sources covered by a Control Techniques 
Guidelines (CTG) document. The CAA section 184(b)(1)(B) extends the 
RACT obligation to all areas of states within the OTR. States subject 
to RACT requirements are required to adopt controls that are at least 
as stringent as those found within the CTG either via the adoption of 
regulations, or by issuance of single source orders or permits that 
outline what the source is required to do to meet RACT.
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    \1\ The New York portion of the NYMA is composed of the five 
boroughs of New York City and the surrounding counties of Nassau, 
Suffolk, Westchester, and Rockland. See 40 CFR 81.333.
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Stage I Vapor Recovery Systems

    Stage I vapor recovery systems are systems that capture hydrocarbon 
vapors, such as VOCs, displaced from storage tanks at gasoline 
dispensing facilities (GDFs) during gasoline tank truck deliveries. 
When gasoline is delivered into an aboveground or underground storage 
tank, vapors that were taking up space in the storage tank are 
displaced by the gasoline entering the storage tank. The Stage I vapor 
recovery systems route these displaced vapors into the transport 
vehicle's (delivery truck's) tank. Some vapors are vented to the 
atmosphere when the storage tank exceeds a specified pressure 
threshold, however, the Stage I vapor recovery systems greatly reduce 
the displaced vapors being released into the atmosphere. Stage I vapor 
recovery systems have been in place since the 1970s, and the EPA 
guidance regarding use of Stage 1 systems to control VOC emissions from 
this source category (gasoline service stations) has been in place 
since 1975.\2\
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    \2\ See U.S. EPA, ``Design Criteria for Stage I Vapor Control 
Systems--Gasoline Service Stations,'' (Nov. 1975, EPA Online 
Publication EPA-450/R-75-102), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=20013S56.txt; U.S. EPA, ``Control Techniques 
Guidelines for the Oil and Natural Gas Industry'' (Nov. 2016 EPA 
Online Publication EPA-453/B-16-001), available at https://www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf (providing control techniques guidelines for control of VOC 
emissions from the gasoline service station source category); and 
U.S. EPA, ``Control of Volatile Organic Compound Leaks from Gasoline 
Tank Trunks and Vapor Collection System,'' (Dec. 1978 EPA Online 
Publication EPA-450/2-78-051), available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000M9RD.txt (providing guidelines related to 
the control of VOC leaks from and test procedures for gasoline tank 
trunks and vapor collection systems at terminals, bulk plants and 
service stations).
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    In more recent years, the California Air Resources Board (CARB) has 
required Stage I vapor recovery systems capable of achieving vapor 
control efficiencies higher than those achieved by traditional Stage I 
systems. These newer systems are commonly referred to as Enhanced Vapor 
Recovery (EVR) systems. One of the essential components of these CARB 
Stage I EVR systems are improved pressure/vacuum vent valves (CARB EVR 
Pressure/Vacuum (P/V) vent valves). These valves are manufactured with 
better quality materials and construction than non-CARB EVR P/V vent 
valves and are thus expected to decrease emissions by reducing P/V vent 
valve failures that make Stage 1 vapor recovery systems less effective.

Stage II Vapor Recovery Systems and Onboard Refueling Vapor Recovery 
Systems

    Stage II vapor recovery systems 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

[[Page 65716]]

dispensing facilities and capture the refueling fuel vapors at the 
gasoline pump. The Stage II system carries the captured vapors back to 
an 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 CAA. Section 
182(b)(3) of the CAA requires moderate and above ozone nonattainment 
areas to implement Stage II vapor recovery programs. CAA section 
184(b)(2) also requires states in the OTR 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 ORVR requirements on April 6,1994, at which point, in 
accordance with CAA section 202(a)(6), moderate ozone nonattainment 
areas were no longer subject to the CAA section 182(b)(3) Stage II 
vapor recovery program 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. See, 59 FR 16262, April 6, 1994. ORVR equipment has 
been installed on nearly all new gasoline-powered light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles since 2006. See, 77 FR 
28772, May 16, 2012.
    Historically, Stage II vapor recovery systems have provided VOC 
reductions in ozone nonattainment areas and certain attainment areas of 
the OTR. However, Congress recognized that ORVR systems and Stage II 
vapor recovery systems would eventually become largely redundant 
technologies, and CAA section 206(a)(6) 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, EPA determined in a rulemaking that ORVR systems are in 
widespread use nationwide for control of gasoline emissions during 
refueling of vehicles at GDFs. See, 77 FR 28772, May 16, 2012. As of 
2012, EPA estimated in a guidance document that by the end of 2020 more 
than 94 percent of gasoline refueling nationwide would occur with ORVR-
equipped vehicles.\3\ Thus, Stage II vapor recovery programs have 
become largely redundant control systems and Stage II vapor recovery 
systems achieve an ever-declining emissions benefit as more ORVR-
equipped vehicles continue to enter the on-road motor vehicle fleet.\4\
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    \3\ See Appendix Table A-1 of EPA's Guidance Document, 
``Guidance on Removing Stage II gasoline Vapor Control Programs from 
State Implementation Plans and Assessing Comparable Measures'' (EPA-
557/B-12-001; August 7, 2012).
    \4\ 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 actually result in lower overall control 
system efficiency than what could have been achieved individually by 
either ORVR or the Stage II vapor recovery system.
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    The EPA's May 16, 2012, rulemaking also took two other relevant 
actions. First, the 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. As a result, new ozone nonattainment 
areas classified serious or above do not need to adopt Stage II vapor 
recovery programs. Second, the EPA stated 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 York's SIP Revision

    The version of 6 NYCRR part 230 that is currently incorporated into 
the New York SIP was last revised in 1998. See, 63 FR 23665, April 30, 
1998.
    On March 3, 2021, NYSDEC submitted to the EPA a SIP revision to 
incorporate into the New York SIP changes to the New York regulations 
resulting from its repeal and replacement of 6 NYCRR part 230, 
``Gasoline Dispensing Sites and Transport Vehicles.'' On September 17, 
2021, NYSDEC submitted supplemental material including an analysis 
justifying its Stage II removal based on data for the year 2020.
    In its rulemaking to revise part 230, NYSDEC explains that the 
changes being addressed in today's proposed action will reduce VOC 
emissions from GDFs and transport vehicles across the State. A gasoline 
dispensing site is a federally regulated GDF if it has gasoline storage 
tank(s) greater than 250 gallons.

Stage I

    NYSDEC's SIP submittal includes New York regulations that adopt 
EPA's control measures for federal ``enhanced'' Stage I vapor recovery, 
submerged fill, dual-point vapor control systems, new performance test 
requirements and best management practices outlined in 40 CFR part 63, 
subpart CCCCCC (Subpart 6C). The updated part 230's incorporation of 
federal ``enhanced'' Stage I controls will provide better vapor capture 
efficiency during the loading of gasoline storage tanks than the 
existing SIP regulation currently requires. The SIP revision would also 
extend these same federal requirements to medium-sized GDFs with annual 
throughputs between 800,000 and 1,200,000 gallons to achieve further 
reductions in emissions from the New York portion of the NYMA.
    New York's revised part 230 includes submerged filling requirements 
for all gasoline storage tanks at GDFs that have gasoline storage tanks 
with capacities greater than 60 gallons, to be consistent with the 
State Fire Code. New York explains that this will minimize the 
generation of gasoline vapors caused by splash loading. Submerged 
filling reduces vapor emissions by dispensing gasoline through a fill 
pipe that extends to within 6 inches of the bottom of the tank.
    The updated part 230 submitted for SIP approval incorporates the 
federal requirements of Subpart 6C to equip new or reconstructed 
gasoline storage tanks with dual-point vapor control systems. Equipping 
storage tanks with both an entry port for a gasoline fill pipe and a 
separate exit port for a vapor connection is necessary to maintain a 
proper seal when the vapor recovery line is disconnected. As with the 
federal Stage I vapor recovery requirements, NYSDEC's submitted SIP 
revision would extend this requirement to medium-sized GDFs in the New 
York portion of the NYMA to achieve greater reductions in VOC 
emissions. The SIP revision would also require performance testing for 
vapor recovery systems in accordance with the federal performance test 
requirements once every three years, which NYSDEC explains will ensure 
more consistent vapor capture at GDFs and would extend the federal 
testing requirements to medium-sized GDFs in the New York portion of 
the NYMA. Other federal requirements included in the revised part 230 
submitted as part of this SIP revision include best management 
practices to minimize the amount of VOC released from spills and 
uncovered gasoline storage containers. These measures will apply to all 
GDFs with annual throughputs of 120,000 gallons or greater.
    NYSDEC's SIP revision does include some exemptions from Stage I 
requirements. Gasoline storage tanks

[[Page 65717]]

with a capacity of less than 550 gallons and which are used exclusively 
for farm tractors engaging in agricultural or snowplowing activity and 
automobile dismantling facilities would be exempt from the Stage I 
requirements, because it would not be cost effective to require these 
facilities to install vapor recovery systems. Auto dismantling 
facilities would also be exempt from the Stage I requirements because, 
since they are not handling gasoline delivered by cargo truck, there 
are no cargo trucks into which to return captured vapors. Instead, 
these facilities fill storage tanks with gasoline collected from 
drained and dismantled vehicles. There are approximately 800 of these 
auto dismantling facilities located throughout New York State which 
handle a small volume of gasoline per year.
    NYSDEC's submitted SIP revision would require test companies to 
certify that Stage I vapor recovery system tests will be performed in 
accordance with federal regulation testing procedures and protocols. 
The SIP revision would also incorporate a revised version of 6 NYCRR 
Sec.  230.7 that removes the information regarding registration 
schedules from the prior version because the schedules for compliance 
have already been completed. The SIP revision would expand on the 
federal requirements by requiring medium-sized GDFs located in the New 
York portion of the NYMA with annual throughput between 800,000 and 
1,200,000 gallons to come into compliance with the applicable 
requirements that would otherwise apply to large GDFs within six months 
of the effective date of February 12, 2021, to achieve greater VOC 
emission reductions in the ozone nonattainment area.

Transport Vehicles

    The proposed SIP revision would require leak testing and test 
markings that coincide with the Federal DOT testing and marking 
requirements at 49 CFR 180.415 & 180.407(h), making these testing and 
marking requirements consistent at the state and federal level. See, 6 
NYCRR section 230.6 and Table 1 in 6 NYCRR section 200.9. Gasoline 
transport vehicle recordkeeping retention requirements would be raised 
from 2 years to 5 years (see, 6 NYCRR section 230.7), which aligns with 
the recordkeeping requirements in the federal Subpart 6C. Furthermore, 
no operator of a gasoline transport vehicle would be allowed to 
transfer gasoline into a gasoline storage tank with a Stage I vapor 
recovery system unless the transport vehicle operator ensures that 
prescribed gasoline transfer operator practices are met to prevent VOC 
emissions, such as the 6 NYCRR section 230.6(b)(2) requirement that 
operators ensure the tank truck vapor return equipment is compatible in 
size and forms a vapor tight connection with the vapor balance 
equipment on the gasoline storage tank.

Stage II

    The proposed SIP revision would also require decommissioning and 
removal of all Stage II vapor recovery systems, due to the equipment's 
incompatibility with ORVR systems. GDFs required to remove Stage II 
vapor recovery systems must do so by 12 months after the effective date 
of the State rule. Within 30 days of the decommissioning of the Stage 
II vapor recovery system, the GDF must provide documentation to the 
NYSDEC of the procedures it used to demonstrate that the Stage II 
system has been decommissioned in accordance with part 230 and has 
passed the CARB Vapor Recovery Test Procedure TP-201.3--Determination 
of 2-inch WC Static Pressure Performance of Vapor Recovery Systems of 
Dispensing Facilities. See, 6 NYCRR 230.3(d)(1)(x).

SIP Demonstration

    NYSDEC's March 3, 2021, SIP revision and the updated analysis 
submitted on September 17, 2021, include a narrative demonstration 
supporting the discontinuation of the Stage II vapor recovery program. 
This demonstration, discussed in greater detail below, consists of an 
analysis showing that the Stage II vapor recovery controls now provide 
only de minimis emission reductions due to the prevalence of ORVR-
equipped vehicles in New York in 2020.

Withdrawal of Prior SIP Submittal

    Additionally, NYSDEC is also requesting withdrawal of its prior 
January 31, 2011, submittal to the EPA requesting inclusion in the SIP 
of a collection of RACT variances given to GDFs for Stage II 
requirements under part 230, since these variances would no longer be 
needed once Stage II vapor recovery systems are not required. Given 
this withdrawal, the January 31, 2011, SIP submittal is no longer 
before the EPA.

III. EPA's Evaluation of New York's SIP Revision

    The EPA reviewed NYSDEC's March 3, 2021, proposed SIP revision to 
update the 6 NYCRR part 230, ``Gasoline Dispensing Sites and Transport 
Vehicles,'' portion of the New York SIP to reflect NYSDEC's repeal and 
replacement of 6 NYCRR part 230 that was effective as of February 12, 
2021, along with the analysis New York submitted on September 17, 2021, 
to demonstrate justification of Stage II removal for the year 2020, and 
the accompanying SIP narrative. EPA concludes that NYSDEC's proposed 
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) (referred to 
below as the ``EPA Guidance Document'').
    In reviewing the proposed SIP revision, the EPA must ensure that: 
1) In accordance with CAA section 110(l)'s non-interference 
requirement, NYSDEC has demonstrated that the proposed action would not 
interfere with attainment of the National Ambient Air Quality Standards 
(NAAQS) for ozone; 2) in accordance with CAA section 184(b)(2)'s 
``comparable measures'' requirement, that the proposed action would 
achieve comparable or greater emission reductions than the gasoline 
vapor recovery requirements contained in CAA section 182(b)(3); and 3) 
that the proposed action satisfies the anti-backsliding requirements of 
CAA section 193. As discussed below, the EPA finds that NYSDEC has 
demonstrated widespread use of ORVR systems throughout the motor 
vehicle fleet and that implementation of the rule in the proposed SIP 
revision would comply with CAA sections 110(l), 184(b)(2), and 193.
    CAA section 110(l) specifies that the EPA cannot approve a SIP 
revision if it would interfere with attainment of NAAQS or reasonable 
further progress towards attainment, or any other applicable 
requirement of the CAA; this is commonly referred to as ``anti-
backsliding.'' New York's SIP revision submittal includes a CAA section 
110(l) anti-backsliding demonstration (based on equations provided in 
the EPA Guidance Document) \5\ that shows there would be zero potential 
loss of emission reductions from removing Stage II vapor recovery 
systems in 2020. If the value is zero or negative, this would indicate 
that removing Stage II systems would not increase refueling emissions. 
Thus, the SIP revision will not interfere with attainment of NAAQS, 
reasonable further progress towards attainment, or

[[Page 65718]]

any other applicable requirement of the CAA.
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    \5\ For further discussion of this equation, see The EPA 
Guidance Document at 13-14.
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    Because New York is located in the northeast OTR, under CAA section 
184(b)(2)'s ``comparable measures'' requirement, the State must show 
that its SIP revisions include control measures capable of achieving 
emission reductions comparable to those achievable through Stage II 
Systems under CAA section 182(b)(3). As stated in the EPA Guidance 
Document, ``the comparable measures requirement is satisfied if phasing 
out a Stage II control program in a particular area is estimated to 
have no, or a de minimis, incremental loss of area-wide emission 
control.'' NYSDEC conducted a statewide comparable measure analysis in 
accordance with the EPA Guidance Document that shows that phasing out 
the Stage II program would result in zero or de minimis \6\ incremental 
loss of area wide emission control. The revision to the SIP thus 
satisfies the comparable measures requirement of CAA section 184(b)(2). 
As stated in the EPA Guidance Document, ``the comparable measures 
requirement is satisfied if phasing out a Stage II control program in a 
particular area is estimated to have no, or a de minimis, incremental 
loss of area-wide emission control.'' According to NYSDEC's analysis, 
the increment is -0.0215. The EPA Guidance Document explains that a 
zero or negative increment value indicates that removing Stage II, 
``would not increase the refueling emissions inventory because the 
higher efficiency from ORVR and the incompatibility emissions offset 
the increment due to non-ORVR vehicles being refueled at Stage II 
GDFs.'' \7\ Thus, compliance with CAA section 184(b)(2) is demonstrated 
and the revision to the SIP satisfies the comparable measures 
requirement.
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    \6\ The EPA Guidance Document explains that the incremental 
emissions control that Stage II achieves beyond ORVR is de minimis 
if it is less than 10 percent of the area-wide emissions inventory 
associated with refueling highway motor vehicles. The EPA Guidance 
Document at 6.
    \7\ EPA Guidance Document at 14.
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    Similarly, CAA section 193, which applies to nonattainment areas 
for any air pollutant in states that adopted Stage II control programs 
into their SIP prior to November 15, 1990, prohibits modification of 
any control requirement unless the modification insures equivalent or 
greater emission reductions for that air pollutant. The State used the 
EPA Guidance Document's ``Delta Equation'' to show the removal of Stage 
II Systems will have no impact on area-wide emission reductions based 
on the difference between Stage II and ORVR efficiencies. The State 
demonstrated that for the year 2020, the ORVR program provides 41.9% 
greater emission reductions than the Stage II control program alone. In 
addition, NYSDEC's SIP revision submittal includes calculations 
illustrating that the overall emissions effect of removing the Stage II 
vapor recovery program would be zero tons in 2020. Thus, compliance 
with CAA section 193 is demonstrated because the SIP modification 
insures equivalent or greater emission reductions.
    With respect to Stage I vapor recovery requirements, NYSDEC's 
proposed SIP revision adopts the control measures for federal 
``enhanced'' Stage I vapor recovery, submerged fill, dual-point vapor 
control systems, new performance test requirements and best management 
practices outlined in Subpart 6C. The updated part 230 included in the 
proposed SIP revision incorporates federal ``enhanced'' Stage I 
controls, which will provide better vapor capture efficiency during the 
loading of gasoline storage tanks than the existing regulation 
currently requires. Thus, the proposed SIP revisions meet the 
requirements of CAA sections 110(l), 184(b)(2) and 193.
    New York's January 31, 2011, submittal to EPA of RACT variances for 
SIP approval that listed gasoline dispensing facilities receiving 
variances from Stage II control requirements and provided associated 
economic feasibility analysis is being withdrawn because the portion of 
6 NYCRR part 230 that regulated Stage II vapor recovery systems has 
been repealed. As stated above, given this withdrawal, the January 31, 
2011, SIP submittal is no longer before EPA and will not be 
incorporated into the New York SIP.

IV. Proposed Action

    The EPA proposes to approve NYSDEC's March 3, 2021, proposed 
revision to the New York SIP that would replace the version of Title 6 
of the New York Codes, Rules and Regulations, Part 230, ``Gasoline 
Dispensing Sites and Transport Vehicles,'' currently included in the 
New York SIP with the version having a State effective date of February 
12, 2021. The 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. Attendant revisions to 6 NYCRR part 200, ``General 
Provisions,'' section 200.9, Table 1, ``Referenced material,'' related 
to 6 NYCRR part 230 have been addressed under a separate rulemaking at 
87 FR 52337, effective September 26, 2022.
    The EPA is soliciting public comment on the issues discussed in 
this proposed rulemaking action. These comments will be considered 
before taking final action.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference revisions to 6 NYCRR part 230, ``Gasoline Dispensing Sites 
and Transport Vehicles,'' as described in section III. of this 
preamble. The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 2 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     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);
     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);

[[Page 65719]]

     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 this action does not involve technical standards; 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 proposed rule revising the New York SIP to 
incorporate changes to 6 NYCRR part 230 and Table 1 in 6 NYCRR 200.9 is 
not approved to apply on any Indian reservation land or in any other 
area where EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction. In those areas of Indian country, the rule does not have 
tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Volatile organic compounds, Intergovernmental relations, 
Ozone, Reporting and recordkeeping requirements.

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

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-23019 Filed 10-31-22; 8:45 am]
BILLING CODE 6560-50-P


