Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 35423 

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 August 9, 2022. 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 

approving Maryland’s 2015 8-hour 

Ozone NAAQS Certification SIP 

revision for NNSR 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 

(e) is amended by adding an entry for 

‘‘2015 8-Hour Ozone NAAQS 

Nonattainment New Source Review 

Requirements’’ at the end of the table to 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval 

date 

Additional 

explanation 

*******

2015 8-Hour Ozone NAAQS 

Nonattainment New Source 

Review Requirements.

The Baltimore Area (includes Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties and the city of Baltimore), the Philadelphia-Wilmington-Atlantic City Area (includes Cecil County in Maryland), and the Washington, 

DC Area (includes Calvert, Charles, Frederick, Montgomery, and Prince Georges Counties in Maryland).

6/3/2020 6/10/2022, [Insert Federal 

Register citation].

........................

[FR Doc. 2022–12255 Filed 6–9–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2022–0196; FRL–9701–02– 

R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Removal of Stage II 

Gasoline Vapor Recovery Program 

Requirements and Revision of Stage I 

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, 

made in two separate submittals, by the 

State of Delaware. This revision 

removes requirements for gasoline vapor 

recovery systems installed on gasoline 

dispensers, the purpose of which are to 

capture emissions from vehicle 

refueling operations, otherwise known 

as Stage II vapor recovery. This revision 

also strengthens Delaware’s 

requirements for gasoline vapor 

recovery systems that capture emissions 

from storage tank refueling operations, 

otherwise known as Stage I vapor 

recovery. Specifically, this action 

removes from the approved SIP priorapproved Stage II requirements 

applicable to new and existing gasoline 

dispensing facilities (GDFs). All GDFs 

will be required to decommission their 

Stage II vapor recovery systems (VRS) 

and to install, maintain, and 

periodically test Stage I enhanced vapor 

recovery systems (EVRS). Delaware’s 

SIP revision establishes a compliance 

schedule for these changes and includes 

a demonstration that removal of Stage II 

requirements is consistent with the 

Clean Air Act (CAA) and meets all 

relevant EPA guidance. 

DATES: This final rule is effective July 

11, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2022–0196 at 

https://www.regulations.gov. 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: 

Adam Yarina, 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) 

814–2103. Mr. Yarina can also be 

reached via electronic mail at 

Yarina.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 


jspears on DSK121TN23PROD with RULES1
35424 Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 

1Both SIP submittals can be found in Docket ID 

No. EPA–R03–OAR–2022–0196 at https://

www.regulations.gov, attached to their respective 

transmittal letters from DNREC. 

2See 87 FR 19828 (April 6, 2022). 

to EPA. The following outline is 

provided to aid in locating information 

in this preamble. 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On April 6, 2022 (87 FR 19828), EPA 

published a notice of proposed 

rulemaking (NPRM) for the State of 

Delaware. In the NPRM, EPA proposed 

approval of Delaware’s request to revise 

its requirements for Stage II and Stage 

I vapor recovery for new and existing 

GDFs in the State of Delaware. The 

formal SIP revisions being approved 

were submitted by the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) on 

November 17, 2020, and July 14, 2021.1

The details of Delaware’s November 17, 

2020, and July 14, 2021 SIP submittals 

and the rationale for EPA’s proposed 

action are explained in the NPRM and 

will not be restated here. See 87 FR 

19828 (April 6, 2022). The NPRM also 

contained a detailed analysis showing 

that Delaware’s removal of the Stage II 

requirements would not interfere with 

any Delaware area’s ability to attain or 

maintain any national ambient air 

quality standard (NAAQS), or any other 

applicable requirement of the CAA. The 

public comment period for the NPRM 

closed on May 6, 2022. EPA received no 

public comments on the NPRM. 

II. Final Action 

As proposed in the NPRM,2 EPA is 

approving Delaware’s November 17, 

2020, and July 14, 2021 SIP revisions for 

statewide removal of Stage II vapor 

recovery requirements, statewide 

prohibition of Stage II VRS installation 

at new GDFs, the statewide mandatory 

decommissioning of Stage II VRS at 

existing GDFs by December 31, 2021, 

and the statewide mandatory 

installation of Stage I EVRS at all GDFs 

by December 31, 2025. Specifically, EPA 

is approving Delaware’s revised 7 DE 

Admin. Code 1124, Control of Volatile 

Organic Compound Emissions, and 

incorporating it into the Delaware SIP. 

EPA is approving this SIP revision 

because it meets all applicable 

requirements of the CAA and relevant 

EPA guidance and because approval of 

this SIP revision will not interfere with 

attainment or maintenance of the ozone 

NAAQS. 

III. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference of the State 

of Delaware’s revised 7 DE Admin Code 

1124 Section 26.0 Gasoline Dispensing 

Facility Stage I Vapor Recovery and 

Section 36.0 Vapor Emission Control at 

Gasoline Dispensing Facilities, which 

will include the revisions issued on 

August 17, 2015 via 19 DE Reg. 199 

(state effective date September 11, 

2015), the revisions issued on June 11, 

2020 via 24 DE Reg. 61 (state effective 

date July 11, 2020), and the revisions 

issued on March 11, 2021 via 24 DE Reg. 

944 (state effective date April 11, 2021), 

as described in Sections I and II of this 

preamble and set forth below in the 

amendments to part 52. 

EPA has made, and will continue to 

make, these materials generally 

available through https://

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). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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, this rule to remove 

Delaware’s Stage II vapor recovery 

requirements 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 August 9, 2022. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 35425 

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 and revise Stage I 

requirements for Delaware 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. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) under the heading ‘‘1124 Control of 

Volatile Organic Compound Emissions’’ 

is amended by revising the entries for 

‘‘Section 26.0’’ and ‘‘Section 36.0’’ to 

read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1124 Control of Volatile Organic Compound Emissions 

*******

Section 26.0 ....... Gasoline Dispensing Facility 

Stage I Vapor Recovery.

04/11/2021 06/10/2022, [Insert Federal 

Register citation].

Includes revisions issued on August 17, 

2015 via 19 DE Reg. 199 (state effective 

date September 11, 2015), revisions 

issued on June 11, 2020 via 24 DE Reg. 

61 (state effective date July 11, 2020), 

and revisions issued on March 11, 2021 

via 24 DE Reg. 944 (state effective date 

April 11, 2021). 

Includes mandate to install, maintain, and 

periodically test Stage I enhanced vapor 

recovery systems (EVRS) at Gasoline 

Dispensing Facilities (GDFs) in Delaware; 

associated compliance schedules; and 

updates related incorporations by reference. 

* * * * * * * 

Section 36.0 ....... Vapor Emission Control at 

Gasoline Dispensing Facilities.

04/11/2021 06/10/2022, [Insert Federal 

Register citation].

Includes revisions issued on August 17, 

2015 via 19 DE Reg. 199 (state effective 

date September 11, 2015), revisions 

issued on June 11, 2020 via 24 DE Reg. 

61 (state effective date July 11, 2020), 

and revisions issued on March 11, 2021 

via 24 DE Reg. 944 (state effective date 

April 11, 2021). 

Includes mandate to decommission Stage II 

vapor recovery systems (VRS) at Gasoline Dispensing Facilities (GDFs) in Delaware; associated compliance schedules; 

and updates related incorporations by reference. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–12236 Filed 6–9–22; 8:45 am] 

BILLING CODE 6560–50–P 


jspears on DSK121TN23PROD with RULES1