Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Volatile Organic Compound Emissions From Portable Fuel Containers, 67878-67880 [E7-23384]

Download as PDF 67878 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules Commission would be temporary, pending completion of notice and comment rulemaking. Previous Federal Register Notices. Previous notices on the proposed FFMP appeared in the Federal Register on February 12, 2007 (72 FR 6509) and August 28, 2007 (72 FR 49268). In response to the February and August notices (and similar notices published in the state registers), the Commission received written and oral comments from more than 100 agencies, organizations, elected officials and private citizens. The decree parties in revising their agreement considered the broad range of public comments the Commission received. The Commission will consider these comments along with any and all additional comments received during the rulemaking process. Related Documents. All resolutions and dockets relating to operation of the New York City Delaware Basin reservoirs are available on the Commission’s Web site at www.drbc.net or upon request from the Delaware River Basin Commission, P.O. Box 7360, West Trenton, NJ 08628–0360. The DRBC Web site includes a link to the site of the U.S. Geological Survey, Office of the Delaware River Master, http:// water.usgs.gov/orh/nrwww/odrm/, which includes the decree parties’ September 26, 2007 agreement. Text of the Proposed Amendments. The text of the proposed Water Code amendments will be published on the DRBC Web site, www.drbc.net, on or before December 3, 2007. Dated: November 27, 2007. Pamela M. Bush, Commission Secretary. [FR Doc. E7–23383 Filed 11–30–07; 8:45 am] BILLING CODE 6360–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–151884–03] RIN 1545–BD81 Update and Revision of Sections 1.381(c)(4)–1 and 1.381(c)(5)–1; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking. yshivers on PROD1PC62 with PROPOSALS AGENCY: SUMMARY: This document contains corrections to a notice of proposed rulemaking (REG–151884–03) that was VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 published in the Federal Register on Friday, November 16, 2007, (72 FR 64545) providing guidance under sections 381(c)(4) and (c)(5) of the Internal Revenue Code relating to the accounting method or combination of methods, including the inventory method, to use after certain corporate reorganizations and tax-free liquidations. These proposed regulations clarify and simplify the existing regulations under sections 381(c)(4) and (c)(5). The regulations affect corporations that acquire the assets of other corporations in transactions described in section 381(a). 2. On page 64556, column 1, § 1.381(c)(5)–1(c)(2), Example 4.(ii), fourteenth line from the top of the column, the language ‘‘method on a cutoff basis as provided in’’ is corrected to read ‘‘method on a cut-off basis and will take into account the change in the inventory amount resulting from the valuing of the inventory at cost as required under section 472(d) as provided in’’. 3. On page 64557, column 2, § 1.381(c)(5)–1(e)(6)(ii)(B), fourteenth line of the paragraph, the language ‘‘having been acquired at average unit’’ is corrected to read ‘‘having been acquired at their average unit’’. FOR FURTHER INFORMATION CONTACT: Cynthia Grigsby, Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7–23277 Filed 11–30–07; 8:45 am] Cheryl Oseekey at (202) 622–4970 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The correction notice that is the subject of this document is under sections 381 and 446 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking (REG–151884–03) contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the publication of proposed rulemaking (REG–151884–03), which was the subject of FR Doc. E7– 22411, is corrected as follows: § 1.381(c)(5)–1 [Corrected] 1. On page 64553, column 3, § 1.381(c)(5)–1(a)(2)(i), lines three through thirteen, the language ‘‘section 381(a) applies, if the acquiring corporation operates the trades or businesses of the parties to the section 381(a) transaction as separate and distinct trades or businesses after the date of the distribution or transfer, then the acquiring corporation generally must use the same accounting method(s) for inventory used by the distributor or transferor corporation(s) on the date of the section 381(a) transaction (carryover’’ is corrected to read ‘‘section 381(a) applies, if an acquiring corporation operates the trades or businesses of the parties to the section 381(a) transaction as separate and distinct trades or businesses after the date of distribution or transfer, then the acquiring corporation generally must use the same accounting method(s) for inventory used by the distributor or transferor corporation(s) on the date of distribution or transfer for the acquired trade or business (carryover’’. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 BILLING CODE 4830–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2007–1000; FRL–8500–7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Volatile Organic Compound Emissions From Portable Fuel Containers Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision pertains to the control of emissions of volatile organic compounds from portable fuel containers. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before January 2, 2008. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2007–1000 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–2007–1000, Cristina Fernandez, Acting Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E:\FR\FM\03DEP1.SGM 03DEP1 yshivers on PROD1PC62 with PROPOSALS Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules D. Hand Delivery: At the previouslylisted 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– 1000. 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 Maryland Department of the Environment, 1800 Washington VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814–2033, or by e-mail at mckinley.gobeail@epa.gov. SUPPLEMENTARY INFORMATION: On June 18, 2007, the Maryland Department of Environment (MDE) submitted a revision to its State implementation Plan (SIP). The SIP revision (#07–12) consists of amendments to the control of volatile organic compound (VOC) emissions from portable fuel containers (COMAR 26.11.13.07). I. Background A portable fuel container is defined as a container or vessel with a nominal capacity of 10 gallons or less intended for reuse, that is designed or used primarily for receiving, transporting, storing, and dispensing fuel. Portable fuel containers are used to refuel a wide range of small off-road equipment and engines. Refueling these pieces of equipment may result in VOC emissions from gasoline spillage from either improper handling or overfilling of the receiving tank. VOC emissions also result from poor transportation, poor storage procedures, and permeation of vapors through the portable fuel container itself. Portable fuel containers incorrectly sealed will emit evaporative emissions. This amounts to a significant amount of VOC emissions per day in Maryland. In 2001, Maryland adopted the portable fuel container regulation based on the 2001 Ozone Transport Commission (OTC) Model Rule that was based on the California Air Resources Board (CARB) rule. The OTC Portable Fuel Container Model Rule required that spill-proof containers be made available for sale within the state meet certain performance standards that reduce VOC emissions. The standards, which are based upon a similar regulation by CARB, require that nearly all portable fuel containers or spouts or both portable fuel containers and spouts manufactured, sold or made available for use after January 1, 2003 be spillproof, have an automatic shut-off feature to prevent overfilling, an automatic closing feature so that the container will be sealed when not in use, and meet certain permeation standards. On June 29, 2004, EPA published in the Federal Register (69 CFR 38848), its approval of a revision to the Maryland SIP revision that added regulation .07 under COMAR 26.11.13 to establish VOC emission standards for portable fuel containers. II. Summary of SIP Revision Maryland’s amendments to the portable fuel containers rule incorporate PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 67879 the changes to the 2007 OTC Model Rule for portable fuel containers that was based on the changes adopted by CARB in July 2006. The amendments address the fact that the original rule did not apply to kerosene containers which were offered for sale in place of compliant portable fuel containers. Other amended incorporations include: Modifying the existing spout regulations in order to improve spillage control; elimination of the fuel flow rate and fill level performance standards; elimination of the automatic shutoff performance standard; new containers must be certified for use and sale by the manufacturer through CARB; and, new portable fuel container testing procedures to streamline testing. The amendments, which include a one-year sell-through period, apply to any person who sells, supplies, advertises or offers for sale, or manufactures for sale portable fuel containers and/or spouts. Owners of portable fuel containers and/ or spouts purchased prior to the July 1, 2007 implementation date are not required to purchase or replace the containers and/or spouts with newer compliant fuel containers. There are no manufacturers of portable fuel containers in Maryland. III. Proposed Action Maryland has adopted the amended version of the 2006 OTC Model Rule to assure that the regulation achieves the estimated emissions reductions. EPA is proposing to approve the Maryland SIP revision for the control of VOC emissions from portable fuel containers (COMAR 26.11.13.07) submitted on June 18, 2007. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 E:\FR\FM\03DEP1.SGM 03DEP1 67880 Federal Register / Vol. 72, No. 231 / Monday, December 3, 2007 / Proposed Rules yshivers on PROD1PC62 with PROPOSALS et seq.). Because this rule proposes to approve 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 proposed rule also does 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), nor will it 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 proposes to approve 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 proposed rule also is not subject to Executive Order 13045 (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 VerDate Aug<31>2005 14:41 Nov 30, 2007 Jkt 214001 Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This proposed rule to approve Maryland’s amendments to the portable fuel containers rule (COMAR 26.11.13.07) does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 20, 2007. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. E7–23384 Filed 11–30–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 07–4505; MB Docket No. 07–107; RM– 11330] Radio Broadcasting Services; Bokchito and Clayton, OK Federal Communications Commission. AGENCY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 ACTION: Proposed rule, dismissal. SUMMARY: This document dismisses a petition for rule making filed by Charles Crawford (‘‘Petitioner’’), proposing to allot Channel 241A at Bokchito, Oklahoma and to substitute Channel 263A for vacant Channel 241A at Clayton, Oklahoma, pursuant to Petitioner’s request for withdrawal. The document therefore terminates the proceeding. Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2180. This is a synopsis of the Commission’s Report and Order, MB Docket No. 07–107, adopted October 31, 2007, and released November 2, 2007. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY–A257), 445 12th Street, SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or http:// www.BCPIWEB.com. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the proposed rule is dismissed.) SUPPLEMENTARY INFORMATION: Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E7–23256 Filed 11–30–07; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\03DEP1.SGM 03DEP1

Agencies

[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Proposed Rules]
[Pages 67878-67880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1000; FRL-8500-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to the Control of Volatile Organic Compound 
Emissions From Portable Fuel Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. This SIP revision pertains 
to the control of emissions of volatile organic compounds from portable 
fuel containers. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before January 2, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1000 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-2007-1000, Cristina Fernandez, Acting Chief, 
Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.

[[Page 67879]]

    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-
2007-1000. 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 Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814-2033, or 
by e-mail at mckinley.gobeail@epa.gov.

SUPPLEMENTARY INFORMATION: On June 18, 2007, the Maryland Department of 
Environment (MDE) submitted a revision to its State implementation Plan 
(SIP). The SIP revision (07-12) consists of amendments to the 
control of volatile organic compound (VOC) emissions from portable fuel 
containers (COMAR 26.11.13.07).

I. Background

    A portable fuel container is defined as a container or vessel with 
a nominal capacity of 10 gallons or less intended for reuse, that is 
designed or used primarily for receiving, transporting, storing, and 
dispensing fuel. Portable fuel containers are used to refuel a wide 
range of small off-road equipment and engines. Refueling these pieces 
of equipment may result in VOC emissions from gasoline spillage from 
either improper handling or overfilling of the receiving tank. VOC 
emissions also result from poor transportation, poor storage 
procedures, and permeation of vapors through the portable fuel 
container itself. Portable fuel containers incorrectly sealed will emit 
evaporative emissions. This amounts to a significant amount of VOC 
emissions per day in Maryland.
    In 2001, Maryland adopted the portable fuel container regulation 
based on the 2001 Ozone Transport Commission (OTC) Model Rule that was 
based on the California Air Resources Board (CARB) rule. The OTC 
Portable Fuel Container Model Rule required that spill-proof containers 
be made available for sale within the state meet certain performance 
standards that reduce VOC emissions. The standards, which are based 
upon a similar regulation by CARB, require that nearly all portable 
fuel containers or spouts or both portable fuel containers and spouts 
manufactured, sold or made available for use after January 1, 2003 be 
spill-proof, have an automatic shut-off feature to prevent overfilling, 
an automatic closing feature so that the container will be sealed when 
not in use, and meet certain permeation standards. On June 29, 2004, 
EPA published in the Federal Register (69 CFR 38848), its approval of a 
revision to the Maryland SIP revision that added regulation .07 under 
COMAR 26.11.13 to establish VOC emission standards for portable fuel 
containers.

II. Summary of SIP Revision

    Maryland's amendments to the portable fuel containers rule 
incorporate the changes to the 2007 OTC Model Rule for portable fuel 
containers that was based on the changes adopted by CARB in July 2006. 
The amendments address the fact that the original rule did not apply to 
kerosene containers which were offered for sale in place of compliant 
portable fuel containers. Other amended incorporations include: 
Modifying the existing spout regulations in order to improve spillage 
control; elimination of the fuel flow rate and fill level performance 
standards; elimination of the automatic shutoff performance standard; 
new containers must be certified for use and sale by the manufacturer 
through CARB; and, new portable fuel container testing procedures to 
streamline testing. The amendments, which include a one-year sell-
through period, apply to any person who sells, supplies, advertises or 
offers for sale, or manufactures for sale portable fuel containers and/
or spouts. Owners of portable fuel containers and/or spouts purchased 
prior to the July 1, 2007 implementation date are not required to 
purchase or replace the containers and/or spouts with newer compliant 
fuel containers. There are no manufacturers of portable fuel containers 
in Maryland.

III. Proposed Action

    Maryland has adopted the amended version of the 2006 OTC Model Rule 
to assure that the regulation achieves the estimated emissions 
reductions. EPA is proposing to approve the Maryland SIP revision for 
the control of VOC emissions from portable fuel containers (COMAR 
26.11.13.07) submitted on June 18, 2007. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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

[[Page 67880]]

et seq.). Because this rule proposes to approve 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 proposed rule also does 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), nor will it 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 proposes to approve 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 proposed rule also is not subject to Executive Order 13045 
(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. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule to approve Maryland's amendments to the portable 
fuel containers rule (COMAR 26.11.13.07) does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

     Dated: November 20, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7-23384 Filed 11-30-07; 8:45 am]
BILLING CODE 6560-50-P