ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R03­
2006­
0314;
FRL­
]

Approval
and
Promulgation
of
Air
Quality
Implementation
Plans;

Maryland;
Amendments
to
Stage
II
Vapor
Recovery
at
Gasoline
Dispensing
Facilities
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Direct
final
rule.

SUMMARY:
EPA
is
taking
direct
final
action
to
approve
revisions
to
the
Maryland
State
Implementation
Plan
(
SIP).
The
revisions
clarify
system
testing
and
reporting
requirements
for
gasoline
dispensing
facilities
that
are
currently
required
to
implement
Stage
II
Vapor
Recovery.

EPA
is
proposing
to
approve
these
revisions
in
accordance
with
the
requirements
of
the
Clean
Air
Act
(
CAA).

DATES:
This
rule
is
effective
on
[
Insert
date
60
days
after
publication
in
the
Federal
Register]

without
further
notice,
unless
EPA
receives
adverse
written
comment
by
[
Insert
date
30
days
after
publication
in
the
Federal
Register].
If
EPA
receives
such
comments,
it
will
publish
a
timely
withdrawal
of
the
direct
final
rule
in
the
Federal
Register
and
inform
the
public
that
the
rule
will
not
take
effect.

ADDRESSES:
Submit
your
comments,
identified
by
Docket
ID
Number
EPA­
R03­
2006­
0314,

by
one
of
the
following
methods:

A.
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.

B.
E­
mail:
morris.
makeba@
epa.
gov
C.
Mail:
EPA­
R03­
2006­
0314,
Makeba
Morris,
Chief,
Air
Quality
Programs
Branch,
Mailcode
3AP21,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.

D.
Hand
Delivery:
At
the
previously­
listed
EPA
Region
III
address.
Such
deliveries
are
only
accepted
during
the
Docket
=

s
normal
hours
of
operation,
and
special
arrangements
should
be
made
for
deliveries
of
boxed
information.

Instructions:
Direct
your
comments
to
Docket
ID
No.
EPA­
R03­
2006­
0314.
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
docket
without
change,
and
may
be
made
available
online
at
www.
regulations.
gov,
including
any
personal
information
provided,
unless
the
comment
includes
information
claimed
to
be
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
Do
not
submit
information
that
you
consider
to
be
CBI
or
otherwise
protected
through
www.
regulations.
gov
or
e­
mail.
The
www.
regulations.
gov
website
is
an
A
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
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.
3
Docket:
All
documents
in
the
electronic
docket
are
listed
in
the
www.
regulations.
gov
index.

Although
listed
in
the
index,
some
information
is
not
publicly
available,
i.
e.,
CBI
or
other
information
whose
disclosure
is
restricted
by
statute.
Certain
other
material,
such
as
copyrighted
material,
is
not
placed
on
the
Internet
and
will
be
publicly
available
only
in
hard
copy
form.

Publicly
available
docket
materials
are
available
either
electronically
in
www.
regulations.
gov
or
in
hard
copy
during
normal
business
hours
at
the
Air
Protection
Division,
U.
S.
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania
19103.
Copies
of
the
State
submittal
are
available
at
the
Maryland
Department
of
the
Environment,
1800
Washington
Boulevard,
Suite
705,
Baltimore,
Maryland,
21230.

FOR
FURTHER
INFORMATION
CONTACT:
Catherine
L.
Magliocchetti,
(
215)
814­
2174,

or
by
e­
mail
at
magliocchetti.
catherine@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
This
section
is
organized
as
follows:

What
Action
is
EPA
taking?

What
are
the
CAA
requirements
for
Stage
II
programs?

What
revisions
did
Maryland
make
to
its
Stage
II
rule?

Why
is
EPA
approving
Maryland=
s
revised
Stage
II
rule?

What
Action
is
EPA
taking?

EPA
is
proposing
to
approve
Maryland
=

s
Amendments
to
Regulations
.04
and
.07
under
COMAR
26.11.24
Stage
II
Vapor
Recovery
at
Gasoline
Dispensing
Facilities,
and
incorporate
these
changes
4
into
the
Maryland
SIP.
The
amendments
were
proposed
by
the
Maryland
Secretary
of
the
Environment
on
December
10,
2004,
went
to
public
hearing
on
January
11,
2005,
were
adopted
on
January
26,
2005,
finalized
on
February
18,
2005
and
became
effective
on
February
28,
2005.
The
Maryland
Department
of
the
Environment
submitted
these
amendments
(
Revision
#
05­
02)
to
EPA
as
a
SIP
revision
on
March
15,
2005.

What
are
the
CAA
requirements
for
Stage
II
programs?

The
1990
Clean
Air
Act
required
states
to
develop
regulations
requiring
Stage
II
Vapor
Recovery
in
severe
and
serious
ozone
nonattainment
areas.
Stage
II
is
the
control
of
gasoline
vapors
when
dispensing
gasoline
into
vehicle
fuel
tanks.
This
program
was
implemented
in
Maryland
in
January
1993,
with
a
requirement
for
system
installation
at
service
stations
owned
by
oil
companies
that
had
a
monthly
throughput
of
10,000
gallons
or
more,
and
for
other
dispensing
facilities
with
a
monthly
throughput
of
50,000
gallons
or
more.
Maryland
=

s
Stage
II
regulations
were
submitted
as
a
SIP
revision
to
EPA
on
January
18,
1993,
and
approved
by
EPA
on
June
9,

1993
(
54
FR
29730).
Maryland
submitted
revisions
to
these
regulations
as
a
SIP
revision
on
May
23,
2002,
which
were
approved
by
EPA
on
May
7,
2003
(
68
FR
24363).

What
revisions
did
Maryland
make
to
its
Stage
II
rule?

The
Amendments
to
Regulations
.04
and
.07
under
COMAR
26.11.24
that
are
the
subject
of
this
rulemaking
will:

(
1)
Clarify
that
the
Healy
Stage
II
system
does
not
require
a
liquid
blockage
test
because
the
vacuum
assist
pump
is
located
at
the
storage
tank;
5
(
2)
Delete
the
requirement
to
test
the
automatic
shutoff
mechanism
each
month
because
it
is
observed
or
inspected
daily
similar
to
all
other
Stage
II
approved
equipment;

(
3)
Clarify
that
test
failures
are
to
be
reported
to
the
Department
within
5
days;
and
(
4)
Require
a
facility
to
notify
the
Department
at
least
5
days
before
performing
a
test
and
that
the
test
results
be
submitted
to
the
Department
within
45
days.

Why
is
EPA
approving
Maryland=
s
revised
Stage
II
rule?

EPA
has
reviewed
the
revisions
to
Regulations
.04
and
.07
under
COMAR
26.11.24
and
has
determined
that
the
revisions
continue
to
meet
the
requirements
for
states
to
have
approved
Stage
II
Vapor
Recovery
Systems.
In
addition,
the
revisions
strengthen
the
SIP
by
providing
additional
clarification
for
testing
and
reporting
requirements
to
the
Department.

III.
Final
Action
EPA
is
approving
the
revisions
to
Maryland
=

s
Stage
II
regulations
submitted
to
EPA
on
March
15,
2005.
EPA
is
publishing
this
rule
without
prior
proposal
because
the
Agency
views
this
as
a
noncontroversial
amendment
and
anticipates
no
adverse
comment.
However,
in
the
AProposed
Rules@
section
of
today=
s
Federal
Register,
EPA
is
publishing
a
separate
document
that
will
serve
as
the
proposal
to
approve
the
SIP
revision
if
adverse
comments
are
filed.
This
rule
will
be
effective
on
[
Insert
date
60
days
from
date
of
publication
in
the
Federal
Register]
without
further
notice
unless
EPA
receives
adverse
comment
by
[
Insert
date
30
days
from
date
of
publication
in
the
Federal
Register].
If
EPA
receives
adverse
comment,
EPA
will
publish
a
timely
withdrawal
in
the
Federal
Register
informing
the
public
that
the
rule
will
not
take
effect.
EPA
will
address
6
all
public
comments
in
a
subsequent
final
rule
based
on
the
proposed
rule.
EPA
will
not
institute
a
second
comment
period
on
this
action.
Any
parties
interested
in
commenting
must
do
so
at
this
time.
Please
note
that
if
EPA
receives
adverse
comment
on
an
amendment,
paragraph,
or
section
of
this
rule
and
if
that
provision
may
be
severed
from
the
remainder
of
the
rule,
EPA
may
adopt
as
final
those
provisions
of
the
rule
that
are
not
the
subject
of
an
adverse
comment.

IV.
Statutory
and
Executive
Order
Reviews
A.
General
Requirements
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
action
is
not
a
"
significant
regulatory
action"
and
therefore
is
not
subject
to
review
by
the
Office
of
Management
and
Budget.
For
this
reason,
this
action
is
also
not
subject
to
Executive
Order
13211,
"
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use"
(
66
FR
28355,
May
22,
2001).
This
action
merely
approves
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.
Accordingly,
the
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
under
the
Regulatory
Flexibility
Act
(
5
U.
S.
C.
601
et
seq.).
Because
this
rule
approves
pre­
existing
requirements
under
state
law
and
does
not
impose
any
additional
enforceable
duty
beyond
that
required
by
state
law,
it
does
not
contain
any
unfunded
mandate
or
significantly
or
uniquely
affect
small
governments,
as
described
in
the
Unfunded
Mandates
Reform
Act
of
1995
(
Public
Law
104­
4).
This
rule
also
does
not
have
tribal
implications
because
it
will
not
have
a
substantial
direct
effect
on
one
or
more
Indian
tribes,
on
the
relationship
between
7
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
by
Executive
Order
13175
(
65
FR
67249,
November
9,
2000).
This
action
also
does
not
have
Federalism
implications
because
it
does
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
(
64
FR
43255,
August
10,
1999).

This
action
merely
approves
a
state
rule
implementing
a
Federal
requirement,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Clean
Air
Act.

This
rule
also
is
not
subject
to
Executive
Order
13045
AProtection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks@
(
62
FR
19885,
April
23,
1997),
because
it
is
not
economically
significant.

In
reviewing
SIP
submissions,
EPA=
s
role
is
to
approve
state
choices,
provided
that
they
meet
the
criteria
of
the
Clean
Air
Act.
In
this
context,
in
the
absence
of
a
prior
existing
requirement
for
the
State
to
use
voluntary
consensus
standards
(
VCS),
EPA
has
no
authority
to
disapprove
a
SIP
submission
for
failure
to
use
VCS.
It
would
thus
be
inconsistent
with
applicable
law
for
EPA,

when
it
reviews
a
SIP
submission,
to
use
VCS
in
place
of
a
SIP
submission
that
otherwise
satisfies
the
provisions
of
the
Clean
Air
Act.
Thus,
the
requirements
of
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note)
do
not
apply.
This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

B.
Submission
to
Congress
and
the
Comptroller
General
8
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
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
rule
is
not
a
Amajor
rule@
as
defined
by
5
U.
S.
C.
804(
2).

C.
Petitions
for
Judicial
Review
Under
section
307(
b)(
1)
of
the
Clean
Air
Act,
petitions
for
judicial
review
of
this
approval
of
Maryland=
s
Amendments
to
Stage
II
Vapor
Recovery
Regulations
must
be
filed
in
the
United
9
States
Court
of
Appeals
for
the
appropriate
circuit
by
[
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
Filing
a
petition
for
reconsideration
by
the
Administrator
of
this
final
rule
does
not
affect
the
finality
of
this
rule
for
the
purposes
of
judicial
review
nor
does
it
extend
the
time
within
which
a
petition
for
judicial
review
may
be
filed,
and
shall
not
postpone
the
effectiveness
of
such
rule
or
action.
This
action
may
not
be
challenged
later
in
proceedings
to
enforce
its
requirements.
(
See
section
307(
b)(
2).)

List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Intergovernmental
relations,
Ozone,
Reporting
and
recordkeeping
requirements,
Volatile
organic
compounds.

_________________
/
s/________________
Dated:
April
24,
2006
Donald
S.
Welsh,
Regional
Administrator,
Region
III.

40
CFR
part
52
is
amended
as
follows:

PART
52
­
[
AMENDED]

1.
The
authority
citation
for
part
52
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401
et
seq.
10
Subpart
VB
Maryland
2.
In
'
52.1070,
the
table
in
paragraph
(
c)
is
amended
by
revising
the
entries
for
COMAR
26.11.24
to
read
as
follows:

'
52.1070
Identification
of
plan.

*
*
*
*
*

(
c)*
*
*

EPA­
APPROVED
REGULATIONS
IN
THE
MARYLAND
SIP
Code
of
Maryland
administrative
regulations
(
COMAR)

citation
Title/
subject
State
effective
date
EPA
approval
date
Additional
explanation/

citation
at
40
CFR
'
52.1100
*
*
*
*
*
*
*

26.11.24
Stage
II
Vapor
Recovery
at
Gasoline
Dispensing
Facilities
*
*
*
*
*
*
*

26.11.24.04
Testing
Requirements
2/
28/
05
[
Insert
Federal
Register
publication
date]

[
Insert
page
number
where
the
document
begins]

*
*
*
*
*
*
*

26.11.24.07
Record­
Keeping
and
Reporting
Requirements
2/
28/
05
[
Insert
Federal
Register
publication
date]

[
Insert
page
number
where
the
document
begins]
Code
of
Maryland
administrative
regulations
(
COMAR)

citation
Title/
subject
State
effective
date
EPA
approval
date
Additional
explanation/

citation
at
40
CFR
'
52.1100
11
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*
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*
*
*
*

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*
*
*
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