[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49667-49670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0730; FRL-9999-75-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Removal of Stage II Gasoline Vapor Recovery Program 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Maryland. 
This SIP revision removes requirements for gasoline vapor recovery 
equipment (also known as Stage II vapor recovery) on fuel dispensers at 
both new and upgrading gasoline dispensing facilities (GDFs) in Stage 
II subject areas of Maryland and also allows for decommissioning of 
Stage II equipment at existing stations currently equipped with Stage 
II equipment. GDF owners may elect to retain existing Stage II 
equipment, but in doing so remain subject to Stage II requirements and 
must continue to test and maintain Stage II equipment in accordance 
with program requirements. EPA determined that Maryland's August 25, 
2017 SIP revision is approvable in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This final rule is effective on October 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0730. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (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 through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2176. Mr. Rehn can also be reached 
via electronic mail at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 12, 2019 (84 FR 3369), EPA published a notice of 
proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA 
proposed approval of Maryland's request to remove requirements for new 
and modified Stage II equipment in the Stage II subject areas of the 
State, while allowing the option to decommission Stage II equipment at 
subject GDFs that do not yet wish to decommission Stage II equipment. 
This SIP revision applies to GDFs in the Baltimore area, the Maryland 
portion of the Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD area and 
the Maryland portion of the Washington, DC-MD-VA area. The formal SIP 
revision being approved [Maryland SIP Revision #17-05] was submitted by 
the Maryland Department of the Environment (MDE) as a formal SIP 
revision on August 25, 2017. The details of Maryland's August 25, 2017 
SIP submittal and the rationale for EPA's proposed action are explained 
in the NPRM and will not be restated here. See 84 FR 3369. That NPRM 
also contained a detailed analysis showing that Maryland's removal of 
the Stage II requirements would not interfere with any Maryland area's 
ability to attain or maintain any NAAQS, or any other applicable 
requirement of the CAA. The public comment period for this NPRM closed 
on March 14, 2019. EPA received no public comments on the NPRM.

II. Summary of SIP Revision and EPA Analysis

    Maryland's August 25, 2017 SIP revision [Maryland SIP Revision #17-
05] consists of amendments and additions by MDE to COMAR 26.11.24, 
Vapor Recovery at Gasoline Dispensing Facilities (as finalized November 
13, 2015 and state effective November 23, 2015). These state amendments 
allow new GDFs (and those undergoing major modifications) in affected 
Stage II areas the option to choose not to install Stage II equipment 
or to decommission

[[Page 49668]]

existing Stage II equipment. The state revisions to COMAR 26.11.24 
include the amendment to Regulations .01, .01-1, .02, .03, .04, .07 and 
the addition of a new Regulation .03-1. The SIP revision also contains 
a demonstration that removal of the Stage II program requirements does 
not interfere with the attainment or maintenance of any national 
ambient air quality standard (NAAQS) or any other applicable 
requirement of the CAA.
    Stage II vapor recovery is an emission control system that is 
installed on gasoline dispensing equipment at GDFs for the purpose of 
capturing fuel vapor that would otherwise be released from vehicle gas 
tanks into the atmosphere during vehicle refueling. Stage II vapor 
recovery systems installed on dispensing equipment capture these 
refueling emissions at the dispenser and route the refueling vapors 
back to the GDF's underground storage tank, preventing volatile organic 
compounds (VOCs) that comprise these vapors from escaping to the 
atmosphere. Stage II vapor recovery systems were required by section 
182(b)(3) of the CAA, which required areas classified as moderate and 
above ozone nonattainment to implement Stage II vapor recovery programs 
and also under CAA section 184(b)(2), which required states in the 
Northeast Ozone Transport Region (OTR) to implement Stage II or 
comparable measures.
    Section 202(a)(6) of the CAA also required EPA to regulate new 
vehicles to require capture of refueling vapor emissions under section 
202(a)(6). Since model year 1998, newly manufactured gasoline-burning 
cars and trucks have been equipped with on-board refueling vapor 
recovery (ORVR) systems that utilize carbon canisters installed 
directly on the vehicle to capture refueling vapors in the vehicle to 
be later routed to the vehicle's engine for combustion during engine 
operation. Congress recognized that these two requirements would become 
redundant once sufficient new vehicles were introduced into commerce to 
alleviate the need for GDF-based gasoline refueling vapor control. 
Therefore, CAA section 202(a)(6) allows the EPA Administrator to waive 
the requirements for Stage II requirements in moderate ozone 
nonattainment areas upon determination that vehicle-based, onboard 
vapor recovery systems were in ``widespread use.'' EPA issued this 
``widespread use'' determination via a final rule published in the May 
16, 2012 Federal Register (77 FR 28772).
    In areas where certain types of vacuum-assist Stage II vapor 
recovery systems are used, the interaction between ORVR systems and 
certain configurations of Stage II vapor recovery systems result in the 
reduction of overall control system efficiency in capturing VOC 
refueling emissions compared to what would otherwise be achieved by 
ORVR or Stage II acting in the absence of the other. In its May 16, 
2012 widespread use rulemaking, EPA not only waived requirements for 
Stage II equipment at GDFs in new ozone nonattainment areas, but also 
allowed states currently implementing Stage II vapor recovery programs 
to submit SIP revisions that would discontinue requirements for new and 
existing Stage II vapor recovery systems.

III. Final Action

    EPA is approving Maryland's August 25, 2017 SIP revision to 
incorporate state revisions to the Stage II program to the Maryland 
SIP, applicable to the Baltimore area and Maryland portions of the 
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD and Washington, DC-MD-VA 
areas. Specifically, EPA is removing from the Maryland SIP requirements 
for the operation of a Stage II program in these areas, while adding 
new Stage II requirements for decommissioning programs and adding 
requirements applicable to GDFs that refrain from decommissioning 
existing stations.

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of revisions to 
COMAR 26.11.24, Vapor Recovery at Gasoline Dispensing Facilities (as 
finalized November 13, 2015 and state effective November 23, 2015). 
This revised rule removes Stage II vapor recovery requirements for new 
and modified GDFs in subject Maryland areas. The revised rule also adds 
decommissioning requirements for GDFs electing to decommission existing 
Stage II equipment, as well as new testing and other criteria 
applicable to GDFs with existing Stage II equipment that opt not to 
decommission existing Stage II equipment. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully Federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

A. General Requirements

    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, 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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);
     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 application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 49669]]

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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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 action 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. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 22, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 to remove Stage II requirements for Maryland 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 29, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) under the heading 
``26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities'' 
is amended by:
0
a. Revising the entries for ``26.11.24.01'', ``26.11.24.01-1'', 
``26.11.24.02'', and ``26.11.24.03'';
0
b. Adding an entry in numerical order for ``26.11.24.03-1''; and
0
c. Revising the entries ``26.11.24.04'' and ``26.11.24.07 ``.
    The revisions and addition read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in The Maryland SIP
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                                                                                         Additional explanation/
            Citation                Title/subject         State       EPA approval date     citation at 40 CFR
                                                     effective date                              52.1100
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                                                  * * * * * * *
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                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
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26.11.24.01....................  Definitions.......      11/23/2015  9/23/19, Insert     Add to B. definitions 8-
                                                                      Federal Register    1 ``major
                                                                      citation].          modification,'' 14-1
                                                                                          ``Stage I vapor
                                                                                          balance system,'' and
                                                                                          16-1 ``Tank System.''
                                                                                          Revise definition (14)
                                                                                          ``Owner.'' Previous
                                                                                          approval 1/17/2008.
26.11.24.01-1..................  Incorporation by        11/23/2015  9/23/19, Insert     Incorporate new test
                                  Reference.                          Federal Register    methods B.6, B.7, and
                                                                      citation].          B.8. Previous approval
                                                                                          (c)(178).
26.11.24.02....................  Applicability,          11/23/2015  9/23/19, Insert     Remove paragraphs E and
                                  Exemptions, and                     Federal Register    F. Previous approval
                                  Effective Date.                     citation].          (c)(178).
26.11.24.03....................  General                 11/23/2015  9/23/19, Insert     Revise paragraph A, add
                                  Requirements.                       Federal Register    paragraph A-1, revise
                                                                      citation].          paragraph B, and add
                                                                                          paragraph J. Prior
                                                                                          approval (c)(178).
26.11.24.03-1..................  Decommissioning of      11/23/2015  9/23/19, Insert     .......................
                                  the Stage II                        Federal Register
                                  Vapor Recovery                      citation].
                                  System.
26.11.24.04....................  Testing                 11/23/2015  9/23/19, Insert     Revise paragraph A and
                                  Requirements.                       Federal Register    add A.6 and A.7. Add
                                                                      citation].          paragraph A-1. Revise
                                                                                          C.2.
 
                                                  * * * * * * *
26.11.24.07....................  Recordkeeping and       11/23/2015  9/23/19, Insert     Revise paragraph E and
                                  Reporting                           Federal Register    revise E.3.
                                  Requirements.                       citation].
 
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[FR Doc. 2019-20197 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P


