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

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

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

Cosmo Servidio
Environmental Protection Agency
23 September 2019

[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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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