Approval and Promulgation of Air Quality Implementation Plans; Maryland; Removal of Stage II Gasoline Vapor Recovery Program Requirements, 49667-49670 [2019-20197]
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
Dated: September 16, 2019.
David Gray,
Acting Regional Administrator, Region 6.
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
for the 2015 Ozone NAAQS’’ at the end
of the table to reads as follows:
§ 52.2270
2. In § 52.2270, the second table in
paragraph (e), titled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP,’’
is amended by adding the entry
‘‘Infrastructure and Interstate Transport
■
49667
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic
or nonattainment area
*
Infrastructure and Interstate Transport for the
2015 Ozone NAAQS.
*
*
Statewide .....................
[FR Doc. 2019–20314 Filed 9–20–19; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
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SUMMARY:
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State
submittal/
effective
date
8/17/2018
EPA approval date
Comments
*
*
9/23/2019, [Insert Federal Register citation].
*
*
Approval for CAA elements 110(a)(2)(A), (B),
(C), (D)(i)(II) (portion pertaining to PSD),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
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
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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 PhiladelphiaWilmington-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
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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
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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-MDVA 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
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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
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
1 62
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FR 27968 (May 22, 1997).
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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).
Dated: August 29, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
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).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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.
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) under the heading ‘‘26.11.24 Stage II
Vapor Recovery at Gasoline Dispensing
Facilities’’ is amended by:
■ a. Revising the entries for
‘‘26.11.24.01’’, ‘‘26.11.24.01–1’’,
‘‘26.11.24.02’’, and ‘‘26.11.24.03’’;
■ b. Adding an entry in numerical order
for ‘‘26.11.24.03–1’’; and
■ c. Revising the entries ‘‘26.11.24.04’’
and ‘‘26.11.24.07 ‘‘.
The revisions and addition read as
follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Citation
*
*
*
26.11.24
Additional explanation/citation at 40 CFR
52.1100
EPA approval date
*
*
*
*
Stage II Vapor Recovery at Gasoline Dispensing Facilities
26.11.24.01 ....................
Definitions ....................
11/23/2015
9/23/19, Insert Federal
Register citation].
26.11.24.01–1 ................
Incorporation by Reference.
Applicability, Exemptions, and Effective
Date.
General Requirements
11/23/2015
9/23/19, Insert Federal
Register citation].
9/23/19, Insert Federal
Register citation].
11/23/2015
9/23/19, Insert Federal
Register citation].
Decommissioning of
the Stage II Vapor
Recovery System.
Testing Requirements ..
11/23/2015
9/23/19, Insert Federal
Register citation].
11/23/2015
9/23/19, Insert Federal
Register citation].
Revise paragraph A and add A.6 and A.7. Add
paragraph A–1. Revise C.2.
*
*
9/23/19, Insert Federal
Register citation].
*
*
Revise paragraph E and revise E.3.
26.11.24.02 ....................
26.11.24.03 ....................
26.11.24.03–1 ................
26.11.24.04 ....................
*
26.11.24.07 ....................
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State effective
date
Title/subject
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Recordkeeping and Reporting Requirements.
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Add to B. definitions 8–1 ‘‘major modification,’’
14–1 ‘‘Stage I vapor balance system,’’ and
16–1 ‘‘Tank System.’’ Revise definition (14)
‘‘Owner.’’ Previous approval 1/17/2008.
Incorporate new test methods B.6, B.7, and
B.8. Previous approval (c)(178).
Remove paragraphs E and F. Previous approval (c)(178).
Revise paragraph A, add paragraph A–1, revise
paragraph B, and add paragraph J. Prior approval (c)(178).
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Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations
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Table of Contents
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[FR Doc. 2019–20197 Filed 9–20–19; 8:45 am]
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What is the EPA’s response to comment
received?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0336; FRL–9999–74–
Region 7]
Air Plan Approval; Missouri; Removal
of Control of VOC Emissions from
Traffic Coatings
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Missouri on
December 3, 2018. Missouri requests
that the EPA remove a rule related to
control of volatile organic compounds
(VOCs) from traffic coatings from its
SIP. This rescission does not have an
adverse effect on air quality. The EPA’s
approval of this rule revision is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
October 23, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0336. 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, 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 through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air
Quality and Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number (913) 551–
7016; email address casburn.tracey@
epa.gov.
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DATES:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
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I. Background
On July 2, 2019, the EPA proposed
rescinding a State rule relating to VOC
emissions from traffic coatings from the
Missouri SIP in the Federal Register.
See 84 FR 31538. The EPA solicited
comments on the proposed SIP revision
and received one comment.
II. What is being addressed in this
document?
The EPA is approving a request to
revise the Missouri SIP, received on
December 3, 2018. Missouri requested
that a State rule, found at Title 10,
Division 10 of the code of state
regulations (CSR)—10–5.450, Control of
VOC Emissions from Traffic Coatings—
be rescinded from the Missouri SIP. A
detailed discussion of the submission
was provided in the EPA’s July 2, 2019,
Federal Register document. See 84 FR
31538.
III. Have the requirements for approval
of a SIP revision been met?
The submission has met the public
notice requirements in accordance with
40 CFR 51.102. The submission also
satisfied the completeness criteria of 40
CFR part 51, appendix V. Missouri
provided public notice of the SIP
revision from February 28, 2018, to
March 30, 2018, and received two
comments. Missouri did not make any
changes to the rescission based on the
comments received. In addition, as
explained above, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
IV. What is the EPA’s response to
comment received?
The public comment period opened
on the date of publication of the EPA’s
proposed rule in the Federal Register,
July 2, 2019, and closed on August 1,
2019 See 84 FR 31538. During this
period, the EPA received one comment.
The comment can be found in the
docket to this rulemaking.
Comment: The commenter questioned
whether the submittal was actually a
complete SIP revision submittal.
Additionally, the commenter believed
that the record was incomplete because
the submission included a portion of the
transcript of the public hearing.
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Response: The commenter is
concerned the submission was
incomplete and asserted that the EPA
should reopen the public comment
period after Missouri submitted
additional information. The commenter
is looking for a demonstration that the
rule rescission will not affect attainment
and maintenance of the national
ambient air quality standards and a
complete transcript of the public
hearing.
First, the EPA agrees with the
commenter that Missouri did not
include a demonstration with its
submission as indicated in its’s own
response to comment (published in the
Missouri Register and included in the
docket to this rulemaking). However,
the EPA determined that the additional
information was not necessary to move
forward with SIP revision request. As
noted in the notice of proposed
rulemaking, Missouri’s state rule—10–
5.450, Control of VOC Emissions from
Traffic Coatings—was replaced with a
reliance on the Federal rule at 40 CFR
part 59, subpart D—National Volatile
Organic Compound Emission Standard
for Architectural Coatings. Both rules
have an identical limit of one hundred
fifty (150) grams of volatile organic
compounds per liter of coating and one
point twenty-six (1.26) pounds per
gallon. The Federal rule became
effective on September 11, 1998 (63 FR
48877, August 11, 2004). The State rule
was approved into the SIP in 2000 (65
FR 8060, February 17, 2000). Because
the Federal rule applies to sources in
Missouri, the State rule was duplicative,
likely unnecessary at the time it was
approved into the SIP, and as such, not
necessary.
Second, the commenter notes that
Missouri included a portion of the
transcript of the public hearing in its
submission but not the whole transcript.
The EPA believes this is an acceptable
practice that meets the completeness
criteria of 40 CFR part 51, appendix V.
Section 2.1(g) of appendix V requires
the State provide certification that a
public hearing was held consistent with
the public hearing requirements in 40
CFR 51.102. 40 CFR 51.102(e) requires
the State to prepare and retain, for
inspection by the Administrator upon
request, a record of each hearing. The
record must contain, at a minimum, a
list of witnesses with the text of each
presentation. Neither the EPA
Administrator, nor his designee, the
Region 7 Regional Administrator,
requested an inspection of the record of
the hearing. Although the transcript is
not required to meet completeness
criteria, the State’s website provides
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 [email protected].
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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Additional explanation/
Citation Title/subject State EPA approval date citation at 40 CFR
effective date 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
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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[[Page 49670]]
* * * * *
[FR Doc. 2019-20197 Filed 9-20-19; 8:45 am]
BILLING CODE 6560-50-P
