[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35939-35944]
[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<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     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

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<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.

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:<PHONE_NUMBER>,
facsimile number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>    Compliance Information: Ms. Maria Malave, Office of Compliance, Air
Compliance Branch (2223A), EPA, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, telephone:<PHONE_NUMBER>, facsimile
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
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).

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

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

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

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

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