[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Rules and Regulations]
[Page 3187-3190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja08-3]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-0644; FRL-8516-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revisions to Stage II Requirements
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
[[Page 3188]]
(SIP). The revisions will allow the Maryland Department of the
Environment to utilize inspections of Stage I and Stage II systems by a
certified inspector. EPA is approving these revisions to the Maryland
SIP in accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on March 17, 2008 without further notice,
unless EPA receives adverse written comment by February 19, 2008. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0644 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-0644, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0644. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. 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 either electronically in http://www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at magliocchetti.catherine@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
is arranged as follows:
I. What Action Is EPA Taking Today?
II. Why Is EPA Taking This Action?
III. How Did EPA Review the Commonwealth's Submittal?
IV. What Final Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
EPA is approving revisions to the Maryland State Implementation
Plan (SIP), which were submitted by the Maryland Department of the
Environment (MDE). These changes, which include amendments to
Regulation .01 and new Regulation .05-1 under COMAR 26.11.24 Stage II
Vapor Recovery at Gasoline Dispensing Facilities amend Maryland's
existing Stage II regulatory requirements. Specifically, the amendments
and additions will allow MDE to utilize inspections of Stage I and
Stage II systems by a certified inspector under COMAR 26.10.03.10.
During one calendar year, approximately one-third of those stations
required to be inspected would be inspected by certified inspectors.
Based upon the inspections reports, MDE will be able to better target
state-conducted inspections.
II. Why Is EPA Taking This Action?
MDE revised its Stage II requirements in order to enhance its
inspection efficiency. EPA is approving these revisions as necessary
for attainment and maintenance of the ozone standard in the State of
Maryland.
III. How Did EPA Review the State's Submittal?
Maryland's SIP revisions (07-02) were submitted by MDE on
February 15, 2007. EPA evaluated MDE's revised Stage II requirements to
verify that the revisions were consistent with the previously approved
Stage II regulations for the State and met the requirements found in
EPA's Stage II enforcement and technical documentation. The revisions
were also reviewed for compliance with the CAA.
IV. What Final Action Is EPA Taking Today?
EPA is approving a SIP revision request submitted by MDE that
allows for use of third party inspectors of Stage I and Stage II
systems.
We are publishing this rule without prior proposal because the
Agency views this as a non-controversial 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 March 17, 2008 without further
notice unless EPA receives adverse comment by February 19, 2008. 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.
V. 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,
[[Page 3189]]
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 (Pub. L. 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
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. 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 approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. 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 CAA. 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 17, 2008. 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, approving revisions to Maryland's Stage II regulations,
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: January 8, 2008.
Donald S. Welsh,
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. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.24.01 and adding an entry for COMARS
26.11.24.05-1 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
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Additional
Code of Maryland administrative State effective explanation/
regulations (COMAR) citation Title/subject date EPA approval date citation at 40 CFR
52.1100
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* * * * * * *
26.11.24........................ Stage II vapor recovery at gasoline dispensing facilities
26.11.24.01..................... Definitions....... 1/29/07........... 1/17/08 [Insert Addition of
page number where ``Certified
the document Inspector'' and
begins]. ``Vapor Recovery
System.''
* * * * * * *
26.11.24.05-1................... Inspections by a 1/29/07........... 1/17/08 [Insert
Certified page number where
Inspector. the document
begins].
* * * * * * *
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[FR Doc. E8-579 Filed 1-16-08; 8:45 am]
BILLING CODE 6560-50-P