[Federal Register Volume 68, Number 88 (Wednesday, May 7, 2003)]
[Rules and Regulations]
[Pages 24363-24365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11183]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD136-3091a; FRL-7483-9]


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.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions allow existing 
gasoline dispensing facilities to continue using installed vapor 
recovery equipment and require new gasoline dispensing facilities to be 
equipped with the most recently approved system. EPA is proposing to 
approve these revisions in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on July 7, 2003 without further notice, 
unless EPA receives adverse written comment by June 6, 2003. 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: Written comments should be addressed to Makeba Morris, 
Acting Chief, Air Quality Planning and Information Services Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103. Copies of the documents 
relevant to this action are available for public inspection during 
normal business hours at the Air Protection Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and the 
Maryland Department of the Environment, 1800 Washington Boulevard, 
Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 23, 2002, the Maryland Department of the Environment (MDE) 
submitted a formal revision (02-03) to its State 
Implementation Plan (SIP) revising certain provisions in the State's 
regulations pertaining to Stage II Vapor Recovery at Gasoline 
Dispensing Stations. The SIP revision went to public hearing on 
February 27, 2002 and became effective on March 14, 2002. On April 5, 
2002, MDE made corrections to the adopted rule to remove incorrectly 
placed brackets and an incorrect reference to a test method.

II. Summary of SIP Revision

    The 1990 Clean Air Act Amendments (CAAA) required states to develop 
regulations requiring owners or operators of certain gasoline 
dispensing facilities to install systems for recovery of gasoline vapor 
emissions. This requirement is also known as Stage II Vapor Recovery 
(Stage II) and is required in areas classified as moderate and above 
ozone nonattainment. Stage II is the control of gasoline vapors when 
dispensing gasoline into vehicle fuel tanks. The MDE adopted Stage II 
regulations on January 18, 1993 which became effective on February 15, 
1993. These regulations were submitted to EPA as a SIP revision on 
January 18, 1993 and approved as a final rule by EPA on June 9, 1994 
(54 FR 29730).
    Maryland's SIP-approved Stage II regulation requires the use of 
vapor recovery systems that have been certified or ``approved'' by the 
California Air Resources Board (CARB). In general, these systems are 95 
percent efficient. However, CARB has decided to de-certify the existing 
approved systems in favor of those able to achieve an efficiency of 98 
percent. This means that in California, all existing CARB-approved 
systems will be de-certified and will be required, within a specified 
time frame, to be re-certified using systems that meet, among other 
things, the new efficiency requirements. MDE is continuing to evaluate 
the CARB system changes. In the meantime, MDE will require existing 
gasoline dispensing facilities to continue to use the installed 
equipment and require new gasoline dispensing facilities to be equipped 
with a system that was approved by CARB prior to April 1, 2001.
    The changes proposed by this SIP revision to MDE's Stage II 
regulations are to:
    (A) Redefine the term ``approved Stage II Vapor Recovery System'' 
as a system approved by CARB before April 1, 2001 or a system approved 
by the department. This change will require existing and new gas 
station operators to use systems that were previously approved by CARB.
    (B) Identify ``vapor assist system I'' as the conventional vapor 
assist system and a ``vapor assist system II'' as the ``Healy'' system 
that requires different tests.
    (C) Clarify the requirements for continued use of an existing Stage 
II system regardless of ownership unless the monthly throughput drops 
below 10,000 gallons.
    (D) Clarify the requirements when a person purchases a facility 
that is not equipped with an approved system.
    (E) Allow approved systems to be used after April 1, 2001 (the date 
when CARB-approved systems are de-certified) for both existing and new 
gasoline dispensing facilities.
    (F) Require the use of a pressure/vacuum valve on gasoline tanks.
    (G) Require owners to maintain inspection and testing reports on 
site and to notify the MDE of tests to be performed.
    (H) Incorporate by reference the CARB-approved test methods.
    EPA has reviewed these changes and has determined that the 
revisions continue to meet the CAAA requirements for states to have an

[[Page 24364]]

approved Stage II Vapor Recovery System. In addition, the revisions, in 
general, strengthen the SIP by providing additional clarification of 
certain provisions, requiring that records be maintained onsite and by 
incorporating by reference appropriate test methods for vapor recovery 
systems.

III. Final Action

    EPA is approving the revisions to MDE's Stage II regulations 
submitted to EPA on May 23, 2002. 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 
``Proposed 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 July 7, 2003 without further notice unless EPA receives 
adverse comment by June 6, 2003. 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 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.

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 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 
standard, 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 ``Protection 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

    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 
``major 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 action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 7, 2003. 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 to approve revisions to MDE's Stage II 
Vapor Recovery program 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: April 9, 2003.
James W. Newsom,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart V--Maryland

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2. Section 52.1070 is amended by adding paragraphs (c)(178) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (178) Revisions to the Maryland State Implementation Plan for Stage 
II Vapor Recovery at Gasoline Dispensing Facilities submitted on May 
23, 2002 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of May 23, 2002 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan pertaining to Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.

[[Page 24365]]

    (B) The following revisions and additions to COMAR 26.11.24, 
effective on April 15, 2002:
    (1) Revisions to .01B(1) and (17); addition of .01B(18) and 
.01B(19).
    (2) Addition of .01-1.
    (3) Revisions to .02C(1) and (3); addition of .02D, .02E and .02F.
    (4) Revisions to .03F; addition of .03H and .03I.
    (5) Revisions to .04A (introductory paragraph), .04B, .04C and 
.04C(1); addition of .04A(1) through .04A(5) and .04C(2).
    (6) Revisions to .07A, .07B and .07D; addition of .07E.
    (ii) Additional Material.--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(178)(i) of this 
section.

[FR Doc. 03-11183 Filed 5-6-03; 8:45 am]
BILLING CODE 6560-50-P