Approval and Promulgation of Air Quality Implementation Plans; Maine; Portable Fuel Containers, 6352-6355 [05-2060]
Download as PDF
<![CDATA[
6352
Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations
governments as described in the
Unfunded Mandates Reform Act of 1995
(Public Law 104–4). This rule also does
not require prior consultation with
State, local, and tribal government
officials as specified by Executive Order
12875 (58 FR 58093, October 28, 1993)
or Executive Order 13084 (64 FR 27655
(May 10, 1998), or involve special
consideration of environmental justice
related issues as required by Executive
Order 12898 (59 FR 7629, February 16,
1994). Because this action is not subject
to notice-and-comment requirements
under the Administrative Procedure Act
or any other statute, it is not subject to
the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). This rule also is not subject
to Executive Order 13045 (62 FR 19885,
April 23, 1997) because EPA interprets
E.O. 13045 as applying only to those
regulatory actions that are based on
health or safety risks, such that the
analysis required under section 5–501 of
the Order has the potential to influence
the regulation. This rule is not subject
to E.O. 13045 because it does not
establish an environmental standard
intended to mitigate health or safety
risks. EPA’s compliance with these
statutes and Executive Orders for the
underlying rule is discussed in the July
1, 2004, Federal Register notice.
Congressional Review Act
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. Section 808 allows
the issuing agency to make a good cause
finding that notice and public procedure
is impracticable, unnecessary or
contrary to the public interest. This
determination must be supported by a
brief statement. 5 U.S.C. 808(2). As
stated previously, EPA has made such a
good cause finding, including the
reasons therefor, and established an
effective date of February 7, 2005. 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 action is not a ‘‘major
rule’’ as defined by U.S.C. 804(2).
List of Subjects in 40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
VerDate jul<14>2003
16:57 Feb 04, 2005
Jkt 205001
Dated: January 28, 2005.
Oscar Morales,
Director, Collection Strategies Division, Office
of Information Collection.
For the reasons set out in the preamble,
40 CFR part 9 is amended as follows:
I
PART 9—[AMENDED]
This direct final rule will be
effective April 8, 2005, unless EPA
receives adverse comments by March 9,
2005. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
DATES:
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R01–OAR–
Authority: 7. U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 2004–ME–0003 by one of the following
methods:
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1. Federal eRulemaking Portal:
1321, 1326, 1330, 1342, 1344, 1345 (d) and
https://www.regulations.gov. Follow the
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C 241, 242b, on-line instructions for submitting
comments.
243, 246, 300f, 300f, 300g–1, 300g–2, 300g–
3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2,
2. Agency Web site: https://
300j–3, 300j–4, 300j–9, 1857 et seq., 6901–
docket.epa.gov/rmepub/ Regional
6002k, 7401–7671q, 7542, 9601–9657, 11023, Material in EDocket (RME), EPA’s
11048.
electronic public docket and comment
system, is EPA’s preferred method for
I 2. In § 9.1 the table is amended by
receiving comments. Once in the
adding a new entry to read as follows:
system, select ‘‘quick search,’’ then key
§ 9.1 OMB approvals under the Paperwork
in the appropriate RME Docket
Reduction Act.
identification number. Follow the on*
*
*
*
*
line instructions for submitting
comments.
OMB control
40 CFR citation
3. E-mail: conroy.dave@epa.gov.
No.
4. Fax: (617) 918–0661.
5. Mail: ‘‘RME ID Number R01–OAR–
*
*
*
*
*
2004–ME–003’’ David Conroy, U.S.
Determining Coformity of Federal Actions to
State or Federal Implementation Plans
Environmental Protection Agency, EPA
New England Regional Office, One
Part 93, subpart A ..................
2060–0561 Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114–2023.
*
*
*
*
*
6. Hand Delivery or Courier. Deliver
your comments to: David Conroy, Unit
[FR Doc. 05–2306 Filed 2–4–05; 8:45 am]
Manager, Air Quality Planning, Office of
BILLING CODE 6560–50–M
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
ENVIRONMENTAL PROTECTION
Congress Street, 11th floor, (CAQ),
AGENCY
Boston, MA 02114–2023. Such
40 CFR Part 52
deliveries are only accepted during the
[R01–OAR–2004–ME–0003; A–1–FRL–7863– Regional Office’s normal hours of
operation. The Regional Office’s official
2]
hours of business are Monday through
Approval and Promulgation of Air
Friday, 8:30 to 4:30, excluding federal
Quality Implementation Plans; Maine;
Holidays.
Portable Fuel Containers
Instructions: Direct your comments to
Regional Material in EDocket (RME) ID
AGENCY: Environmental Protection
Number R01–OAR–2004–ME–0003.
Agency (EPA).
EPA’s policy is that all comments
ACTION: Direct final rule.
received will be included in the public
SUMMARY: EPA is approving a State
docket without change and may be
Implementation Plan (SIP) revision
made available online at https://
submitted by the State of Maine. This
docket.epa.gov/rmepub/, including any
revision establishes requirements to
personal information provided, unless
reduce volatile organic compound
the comment includes information
(VOC) emissions from portable fuel
claimed to be Confidential Business
containers. The intended effect of this
Information (CBI) or other information
action is to approve these requirements
whose disclosure is restricted by statute.
into the Maine SIP. EPA is taking this
Do not submit information that you
action in accordance with the Clean Air consider to be CBI or otherwise
Act (CAA).
protected through Regional Material in
1. The authority citation for part 9
continues to read as follows:
I
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
ADDRESSES:
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations
EDocket (RME), regulations.gov, or email. The EPA RME website and the
federal regulations.gov website are
‘‘anonymous access’’ systems, 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 RME or
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
Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/.
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 RME or
in hard copy at the Office of Ecosystem
Protection, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100, 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 to 4:30,
excluding federal Holidays.
FOR FURTHER INFORMATION CONTACT:
Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023, (617)
918–1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
In addition to the publicly available
docket materials available for inspection
VerDate jul<14>2003
16:29 Feb 04, 2005
Jkt 205001
electronically in Regional Material in
EDocket, and the hard copy available at
the Regional Office, which are identified
in the ADDRESSES section above, copies
of the State submittal and EPA’s
technical support document are also
available for public inspection during
normal business hours, by appointment
at the Bureau of Air Quality Control,
Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
II. Rulemaking Information
This section is organized as follows:
A. What Action is EPA Taking?
B. What Are the Requirements of Maine’s
New Regulation?
C. Why Is EPA Approving Maine’s
Regulation?
D. What Is the Process for EPA To Approve
This SIP Revision?
A. What Action Is EPA Taking?
EPA is approving Maine’s Chapter
155, ‘‘Portable Fuel Container Spillage
Control,’’ and incorporating this
regulation into the Maine SIP.
B. What Are the Requirements of
Maine’s New Regulation?
Chapter 155 includes performance
standards for portable fuel containers
and spouts in order to ensure spill-proof
systems. Chapter 155 prohibits any
person to sell, supply, offer for sale, or
manufacture for sale in Maine, on or
after January 1, 2004, any portable fuel
container or spout that does meet all of
the specified performance standards.
However, there is a one year sellthrough period whereby containers and
spouts manufactured before January 1,
2004 may be sold, supplied, or offered
for sale until January 1, 2005. The rule
also includes the appropriate testing
and recordkeeping requirements to
ensure compliance with the specified
performance standards.
C. Why Is EPA Approving Maine’s
Regulation?
EPA has evaluated Maine’s Chapter
155 and has found that this regulation
is consistent with EPA guidance and the
OTC model rule for portable fuel
containers. The specific requirements of
the regulation and EPA’s evaluation of
these requirements are detailed in a
memorandum dated December 22, 2004,
entitled ‘‘Technical Support
Document—Maine—Portable Fuel
Containers Regulation’’ (TSD). The TSD
and Maine’s Chapter 155 are available
in the docket supporting this action.
As noted in the TSD, when Maine
submitted this regulation for approval
and incorporation by reference into the
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
6353
SIP, the state did not submit the word
‘‘or’’ in subsection 7(C) of Chapter 155.1
In adopting Chapter 155, Maine was
responding to a comment from EPA on
this subsection in which EPA made it
clear that any alternative test methods
would have to be approved by both
Maine DEP and EPA. DEP inadvertently
used the formulation ‘‘and/or’’ to
respond to EPA’s comment, despite the
fact that it is DEP’s intent and
commitment to EPA that any alternative
test methods will have to be approved
by both DEP and EPA Therefore, DEP
deleted the word ‘‘or’’ from subsection
7(C) when DEP submitted it to EPA for
approval to clarify DEP’s intent in
implementing this provision.
The OTC (Ozone Transport
Commission) has developed model rules
for several VOC source categories, and
the OTC states, including Maine, have
signed a memorandum of understanding
(MOU) committing to adopt these model
rules. One of the categories for which a
model rule has been developed is
portable fuel containers. (See ‘‘OTC
Model Rule: Portable Fuel Container
Spillage Control,’’ March 6, 2001.)
The OTC model rule for portable fuel
containers was based on a similar rule
adopted by the California Air Resources
Board (CARB). Compliance with CARB’s
rule was due in January 2001. Several
other OTC states have also recently
adopted a portable fuel container rule
based on the OTC model rule and EPA
has already approved some of these
states’ rules.2
D. What Is the Process for EPA To
Approve This SIP Revision?
The EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
action will be effective April 8, 2005
without further notice unless the EPA
receives adverse comments by March 9,
2005.
If the EPA receives such comments,
then EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
1 Subsection 7(C) reads ‘‘Alternative methods that
are shown to be accurate, precise and appropriate
may be used upon written approval of the
Department and/or EPA.’’ When submitting Chapter
155 to EPA for approval into the SIP, Maine deleted
‘‘/or’’ from this sentence.
2 For example, EPA approved the portable fuel
container rules adopted by New York and Maryland
on January 23, 2004 (69 FR 3237), and June 29, 2004
(69 FR 38848), respectively.
E:\FR\FM\07FER1.SGM
07FER1
6354
Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period.
Parties interested in commenting should
do so at this time. If no such comments
are received, the public is advised that
this rule will be effective on April 8,
2005 and no further action will be taken
on the proposed rule.
III. Final Action
EPA is approving Maine’s Chapter
155, ‘‘Portable Fuel Container Spillage
Control,’’ and incorporating this
regulation into the Maine SIP.
IV. Statutory and Executive Order
Reviews
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
VerDate jul<14>2003
16:29 Feb 04, 2005
Jkt 205001
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it 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.).
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. 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 April 8, 2005.
Interested parties should comment in
response to the proposed rule rather
than petition for judicial review, unless
the objection arises after the comment
period allowed for in the proposal.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 12, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. Section 52.1020 is amended by
adding paragraph (c)(53) to read as
follows:
I
§ 52.1020
Identification of plan.
*
*
*
*
*
(c) * * *
(53) Revisions to the State
Implementation Plan submitted by the
Maine Department of Environmental
Protection on December 29, 2003,
October 22, 2004, and December 9,
2004.
(i) Incorporation by reference.
(A) Chapter 155 of the Maine
Department of Environmental Protection
Regulations, ‘‘Portable Fuel Container
Spillage Control,’’ effective in the State
of Maine on July 14, 2004, with the
exception of the word ‘‘or’’ in
Subsection 7C which Maine did not
submit as part of the SIP revision.
(ii) Additional materials.
(A) Nonregulatory portions of the
submittal.
3. In § 52.1031, Table 52.1031 is
amended by adding a new state citation,
155, to read as follows:
§ 52.1031 EPA-approved Maine
regulations.
*
E:\FR\FM\07FER1.SGM
*
07FER1
*
*
*
6355
Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
State citation
Title/Subject
*
155 ...............
Date
adopted by
State
*
Portable Fuel Container Spillage
Control.
*
Date
approved
by EPA
*
6/3/04
*
2/7/05
Federal Register
citation
*
[Insert FR citation
from published
date].
*
*
52.1020
*
(c)(53)
*
*
All of Chapter 155 is approved with the
exception of the word ‘‘or’’ in Subsection 7C which Maine did not submit
as part of the SIP revision.
*
*
*
Note.—1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. 05–2060 Filed 2–4–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[OAR–2003–0194; FRL–7869–7]
RIN 2060–AL89
National Emission Standards for
Hazardous Air Pollutants for Leather
Finishing Operations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; amendments.
AGENCY:
SUMMARY: The EPA is taking direct final
action on amendments to the national
emission standards for hazardous air
pollutants (NESHAP) for leather
finishing operations, which were issued
on February 27, 2002, under section 112
of the Clean Air Act (CAA). The direct
final amendments clarify the frequency
for categorizing leather product process
types, modify the definition of
‘‘specialty leather,’’ add a definition for
‘‘vacuum mulling,’’ and add an
alternative procedure for determining
the actual monthly solvent loss from an
affected source. We are issuing the
amendments as a direct final rule,
without prior proposal, because we
view the revisions as noncontroversial
and anticipate no significant adverse
comments. However, in the Proposed
Rules section of this Federal Register,
we are publishing a separate document
that will serve as the proposal to amend
the national emission standards for
leather finishing operations if
significant adverse comments are filed.
DATES: The direct final rule is effective
on February 28, 2005 without further
notice, unless EPA receives adverse
written comment by February 17, 2005
or by February 22, 2005 if a public
hearing is requested. If significant
adverse comments are received, EPA
VerDate jul<14>2003
16:29 Feb 04, 2005
Jkt 205001
will publish a timely withdrawal in the
Federal Register indicating which
provisions will become effective, and
which provisions are being withdrawn
due to adverse comment.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2003–
0194, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: air-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: EPA Docket Center, EPA,
Mailcode: 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if
possible.
• Hand Delivery: Air and Radiation
Docket, EPA, 1301 Constitution Avenue,
NW., Room B–108, Washington, DC
20460. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
We request that a separate copy also
be sent to the contact person listed
below (see FOR FURTHER INFORMATION
CONTACT).
Instructions: Direct your comments to
Docket ID No. OAR–2003–0194. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://www.epa.gov/
edocket, 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 EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the federal
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
regulations.gov websites are
‘‘anonymous access’’ systems, 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
EDOCKET or regulations.gov, your email 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. For additional information
about EPA’s public docket visit
EDOCKET on-line or see the Federal
Register of May 31, 2002 (67 FR 38102).
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. 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 EDOCKET or in
hardcopy at the Air and Radiation
Docket, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Rules and Regulations]
[Pages 6352-6355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2060]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R01-OAR-2004-ME-0003; A-1-FRL-7863-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Portable Fuel Containers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine. This revision establishes requirements
to reduce volatile organic compound (VOC) emissions from portable fuel
containers. The intended effect of this action is to approve these
requirements into the Maine SIP. EPA is taking this action in
accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective April 8, 2005, unless
EPA receives adverse comments by March 9, 2005. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R01-OAR-2004-ME-0003 by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/ Regional Material
in EDocket (RME), EPA's electronic public docket and comment system, is
EPA's preferred method for receiving comments. Once in the system,
select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
comments.
3. E-mail: conroy.dave@epa.gov.
4. Fax: (617) 918-0661.
5. Mail: ``RME ID Number R01-OAR-2004-ME-003'' David Conroy, U.S.
Environmental Protection Agency, EPA New England Regional Office, One
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
6. Hand Delivery or Courier. Deliver your comments to: David
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal Holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID Number R01-OAR-2004-ME-0003. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at https://docket.epa.gov/rmepub/, 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 Regional Material in
[[Page 6353]]
EDocket (RME), regulations.gov, or e-mail. The EPA RME website and the
federal regulations.gov website are ``anonymous access'' systems, 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 RME or 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
Regional Material in EDocket (RME) index at https://docket.epa.gov/
rmepub/. 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 RME or in hard copy at the Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100, 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 to 4:30, excluding federal Holidays.
FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023,
(617) 918-1047, arnold.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the State submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the Bureau of Air
Quality Control, Department of Environmental Protection, First Floor of
the Tyson Building, Augusta Mental Health Institute Complex, Augusta,
ME 04333-0017.
II. Rulemaking Information
This section is organized as follows:
A. What Action is EPA Taking?
B. What Are the Requirements of Maine's New Regulation?
C. Why Is EPA Approving Maine's Regulation?
D. What Is the Process for EPA To Approve This SIP Revision?
A. What Action Is EPA Taking?
EPA is approving Maine's Chapter 155, ``Portable Fuel Container
Spillage Control,'' and incorporating this regulation into the Maine
SIP.
B. What Are the Requirements of Maine's New Regulation?
Chapter 155 includes performance standards for portable fuel
containers and spouts in order to ensure spill-proof systems. Chapter
155 prohibits any person to sell, supply, offer for sale, or
manufacture for sale in Maine, on or after January 1, 2004, any
portable fuel container or spout that does meet all of the specified
performance standards. However, there is a one year sell-through period
whereby containers and spouts manufactured before January 1, 2004 may
be sold, supplied, or offered for sale until January 1, 2005. The rule
also includes the appropriate testing and recordkeeping requirements to
ensure compliance with the specified performance standards.
C. Why Is EPA Approving Maine's Regulation?
EPA has evaluated Maine's Chapter 155 and has found that this
regulation is consistent with EPA guidance and the OTC model rule for
portable fuel containers. The specific requirements of the regulation
and EPA's evaluation of these requirements are detailed in a memorandum
dated December 22, 2004, entitled ``Technical Support Document--Maine--
Portable Fuel Containers Regulation'' (TSD). The TSD and Maine's
Chapter 155 are available in the docket supporting this action.
As noted in the TSD, when Maine submitted this regulation for
approval and incorporation by reference into the SIP, the state did not
submit the word ``or'' in subsection 7(C) of Chapter 155.\1\ In
adopting Chapter 155, Maine was responding to a comment from EPA on
this subsection in which EPA made it clear that any alternative test
methods would have to be approved by both Maine DEP and EPA. DEP
inadvertently used the formulation ``and/or'' to respond to EPA's
comment, despite the fact that it is DEP's intent and commitment to EPA
that any alternative test methods will have to be approved by both DEP
and EPA Therefore, DEP deleted the word ``or'' from subsection 7(C)
when DEP submitted it to EPA for approval to clarify DEP's intent in
implementing this provision.
---------------------------------------------------------------------------
\1\ Subsection 7(C) reads ``Alternative methods that are shown
to be accurate, precise and appropriate may be used upon written
approval of the Department and/or EPA.'' When submitting Chapter 155
to EPA for approval into the SIP, Maine deleted ``/or'' from this
sentence.
---------------------------------------------------------------------------
The OTC (Ozone Transport Commission) has developed model rules for
several VOC source categories, and the OTC states, including Maine,
have signed a memorandum of understanding (MOU) committing to adopt
these model rules. One of the categories for which a model rule has
been developed is portable fuel containers. (See ``OTC Model Rule:
Portable Fuel Container Spillage Control,'' March 6, 2001.)
The OTC model rule for portable fuel containers was based on a
similar rule adopted by the California Air Resources Board (CARB).
Compliance with CARB's rule was due in January 2001. Several other OTC
states have also recently adopted a portable fuel container rule based
on the OTC model rule and EPA has already approved some of these
states' rules.\2\
---------------------------------------------------------------------------
\2\ For example, EPA approved the portable fuel container rules
adopted by New York and Maryland on January 23, 2004 (69 FR 3237),
and June 29, 2004 (69 FR 38848), respectively.
---------------------------------------------------------------------------
D. What Is the Process for EPA To Approve This SIP Revision?
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This action will be effective April 8, 2005
without further notice unless the EPA receives adverse comments by
March 9, 2005.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
[[Page 6354]]
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 8, 2005 and no
further action will be taken on the proposed rule.
III. Final Action
EPA is approving Maine's Chapter 155, ``Portable Fuel Container
Spillage Control,'' and incorporating this regulation into the Maine
SIP.
IV. Statutory and Executive Order Reviews
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), because it 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.).
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. 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 April 8, 2005. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. 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 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 12, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 U--Maine
0
2. Section 52.1020 is amended by adding paragraph (c)(53) to read as
follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(53) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 29, 2003,
October 22, 2004, and December 9, 2004.
(i) Incorporation by reference.
(A) Chapter 155 of the Maine Department of Environmental Protection
Regulations, ``Portable Fuel Container Spillage Control,'' effective in
the State of Maine on July 14, 2004, with the exception of the word
``or'' in Subsection 7C which Maine did not submit as part of the SIP
revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new state
citation, 155, to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
[[Page 6355]]
Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/Subject adopted by approved Federal Register 52.1020
State by EPA citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
155.............. Portable Fuel 6/3/04 2/7/05 [Insert FR (c)(53) All of Chapter 155 is
Container citation from approved with the
Spillage published date]. exception of the
Control. word ``or'' in
Subsection 7C which
Maine did not submit
as part of the SIP
revision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note.--1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. 05-2060 Filed 2-4-05; 8:45 am]
BILLING CODE 6560-50-P
