[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32480-32482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0296; A-1-FRL-9964-81-Region 1]


Air Plan Approval; Maine; Decommissioning of Stage II Vapor 
Recovery Systems

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 Maine 
Department of Environmental Protection (Maine DEP). This SIP revision 
includes regulatory amendments that repeal

[[Page 32481]]

Stage II vapor recovery requirements at gasoline dispensing facilities 
(GDFs) as of January 1, 2012, with the mandate that all Stage II 
equipment be decommissioned by January 1, 2013. Maine DEP's submission 
to EPA also included a demonstration that such removal is consistent 
with the Clean Air Act and relevant EPA guidance. This revision also 
includes regulatory amendments that update Maine's testing and certain 
equipment requirements for Stage I vapor recovery systems at GDFs. The 
intended effect of this action is to approve Maine's revised gasoline 
vapor recovery regulations. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on August 14, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2016-0296. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, 
MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, 
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 8, 2017 (82 FR 21348), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Maine. The NPR proposed approval of 
Maine's revised Chapter 118, Gasoline Dispensing Facilities Vapor 
Control, that had been amended to allow for and require the 
decommissioning of all Stage II vapor recovery systems at GDFs in York, 
Cumberland, and Sagadahoc Counties. The updated regulation also 
strengthened the testing requirements for Stage I systems throughout 
the State. The formal SIP revision was submitted by the Maine DEP on 
April 13, 2016, and included a demonstration that decommissioning the 
Stage II vapor recovery systems is consistent with the Clean Air Act 
and EPA guidance.
    A detailed discussion of Maine's April 13, 2016 SIP revision and 
EPA's rationale for proposing approval of the SIP revision were 
provided in the NPR and will not be restated in this notice. No public 
comments were received on the NPR.

II. Final Action

    EPA is approving Maine's April 13, 2016 SIP revision. Specifically, 
EPA is approving Maine's revised Chapter 118, Gasoline Dispensing 
Facilities Vapor Control, and incorporating it into the Maine SIP. EPA 
is approving this SIP revision because it meets all applicable 
requirements of the Clean Air Act and relevant EPA guidance, and it 
will not interfere with attainment or maintenance of the ozone NAAQS.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the of 
the State of Maine's revised Chapter 118 described in the amendments to 
40 CFR part 52 set forth below. The EPA has made, and will continue to 
make, these documents generally available through http://www.regulations.gov.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
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);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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

[[Page 32482]]

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).
    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 September 12, 2017. 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 26, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
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 U--Maine

0
2. In Sec.  52.1020:
0
a. In paragraph (c), the table titled ``EPA-Approved Maine 
Regulations'' is amended by revising the entry for ``Chapter 118.''
0
b. In paragraph (e), the table titled ``Maine Non Regulatory'' is 
amended by adding an entry for ``Demonstration of Compliance with the 
Comparable Measures Requirement of CAA section 184(b)(2)'' at the end 
of the table.
    The revision and addition read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
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                                                                      EPA approval date
         State citation             Title/subject         State       EPA approval date        Explanations
                                                     effective date   and citation \1\
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                                                  * * * * * * *
Chapter 118....................  Gasoline                  1/1/2012  7/14/2017, [Insert  Includes
                                  Dispensing                          Federal Register    decommissioning of
                                  Facilities Vapor                    citation].          Stage II vapor
                                  Control.                                                recovery systems.
 
                                                  * * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
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                                     Applicable           State
   Name of non regulatory SIP       geographic or    submittal date/  EPA approved date        Explanations
           provision             nonattainment area  effective date          \3\
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                                                  * * * * * * *
Demonstration of Compliance      York, Cumberland,        4/13/2016  7/14/2017, [Insert  Emission calculations
 with the Comparable Measures     and Sagadahoc                       Federal Register    and narrative
 Requirement of CAA section       Counties.                           citation].          associated with Stage
 184(b)(2).                                                                               II Decommissioning SIP
                                                                                          revision.
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2017-14735 Filed 7-13-17; 8:45 am]
BILLING CODE 6560-50-P