Approval and Promulgation of Air Quality Implementation Plans; Maryland; Revisions to Stage II Requirements, 3187-3190 [E8-579]
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations
§ 13.1308
Harding Icefield Trail.
The Harding Icefield Trail from the
junction with the main paved trail near
Exit Glacier to the emergency hut near
the terminus is closed to—
(a) Camping within 1⁄8 mile of the trail
from March 1 through November 1; and
(b) Bicycles or other wheeled devices.
§ 13.1310
Pets.
(a) Pets are prohibited—
(1) In the Exit Glacier Developed Area
except in the parking lot, on the Exit
Glacier road, or other areas designated
by the superintendent;
(2) Along the coast within the area
extending from the mean high tide line
to one quarter mile inland after May 30
and before November 1.
(b) The restrictions in this section do
not apply to dogs when sufficient snow
exists for skiing or dog sled use and the
dogs are restrained as part of a sled dog
team or for the purposes of skijoring.
§ 13.1312
Glacier.
Climbing and walking on Exit
Except for areas designated by the
Superintendent, climbing or walking on,
in, or under Exit Glacier is prohibited
within 1⁄2 mile of the glacial terminus
from May 1 through October 31, and
during other periods as determined by
the Superintendent. Restrictions and
exceptions will be available for
inspection at the park visitor center, on
bulletin boards or signs, or by other
appropriate means.
§ 13.1316 Commercial transport of
passengers by motor vehicles.
Commercial transport of passengers
by motor vehicles on Exit Glacier Road
is allowed without a written permit.
However, if required to protect public
health and safety or park resources, or
to provide for the equitable use of park
facilities, the Superintendent may
establish a permit requirement with
appropriate terms and conditions for the
transport of passengers. Failure to
comply with permit terms and
conditions is prohibited.
Exit Glacier Developed Area (EGDA)
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§ 13.1318
Location of the EGDA.
(a) A map showing the boundaries of
the EGDA is available at the park visitor
center.
(b) For the purpose of this subpart, the
EGDA means:
(1) From the park boundary to Exit
Glacier Campground Entrance Road, all
park areas within 350 meters (383 yards)
of the centerline of the Exit Glacier
Road;
(2) From Exit Glacier Campground
Entrance Road to the end of the main
paved trail, all park areas within 500
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meters (546 yards) of any paved surface;
or
(3) All park areas within 300 meters
(328 yards) of the terminus of Exit
Glacier.
§ 13.1320
Camping.
Within the EGDA, camping is
prohibited except in designated sites
within the Exit Glacier Campground, or
as authorized by the Superintendent.
§ 13.1322
Food storage.
Cooking, consuming, storing or
preparing food in the Exit Glacier
Campground is prohibited except in
designated areas.
§ 13.1324
Bicycles.
Within the EGDA, the use of a bicycle
is prohibited except on the Exit Glacier
Road and parking areas.
§ 13.1326
Snowmachines.
The use of snowmachines is
prohibited within the EGDA, except—
(a) On Exit Glacier Road;
(b) In parking areas;
(c) On a designated route through the
Exit Glacier Campground to Exit Creek;
(d) Within Exit Creek; and
(e) For NPS administrative activities.
§ 13.1328
EGDA closures and restrictions.
The Superintendent may prohibit or
otherwise restrict activities in the EGDA
to protect public health, safety, or park
resources, or to provide for the equitable
and orderly use of park facilities.
Information on closures and restrictions
will be available at the park visitor
information center. Violating closures or
restrictions is prohibited.
Subpart S—[Amended]
16. Add § 13.1604 to subpart S to read
as follows:
I
§ 13.1604
Solid waste disposal.
(a) A solid waste disposal site may
accept non-National Park Service solid
waste generated within the boundaries
of the park area.
(b) A solid waste disposal site may be
located within one mile of facilities as
defined by this part so long as it does
not degrade natural or cultural resources
of the park area.
(c) A transfer station located wholly
on nonfederal lands within Lake Clark
National Park and Preserve may be
operated without the permit required by
§§ 6.4(b) and 6.9(a) only if:
(1) The solid waste is generated
within the boundaries of the park area;
(2) The Regional Director determines
that the operation will not degrade any
of the natural or cultural resources of
the park area; and
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3187
(3) The transfer station complies with
the provisions of part 6 of this chapter.
(d) For purposes of this section, a
transfer station means a public use
facility for the deposit and temporary
storage of solid waste, excluding a
facility for the storage of a regulated
hazardous waste.
Subpart V—[Amended]
17. Add § 13.1912 to subpart V to read
as follows:
I
§ 13.1912
Solid waste disposal.
(a) A solid waste disposal site may
accept non-National Park Service solid
waste generated within the boundaries
of the park area.
(b) A solid waste disposal site may be
located within one mile of facilities as
defined by this part so long as it does
not degrade natural or cultural resources
of the park area.
(c) A transfer station located wholly
on nonfederal lands within Wrangell-St.
Elias National Park and Preserve may be
operated without the permit required by
§§ 6.4(b) and 6.9(a) only if:
(1) The solid waste is generated
within the boundaries of the park area;
(2) The Regional Director determines
that the operation will not degrade any
of the natural or cultural resources of
the park area; and
(3) The transfer station complies with
the provisions of part 6 of this chapter.
(d) For purposes of this section, a
transfer station means a public use
facility for the deposit and temporary
storage of solid waste, excluding a
facility for the storage of a regulated
hazardous waste.
Dated: December 17, 2007.
Lyle Laverty,
Assistant Secretary, Fish and Wildlife and
Parks.
[FR Doc. E8–748 Filed 1–16–08; 8:45 am]
BILLING CODE 4310–EF–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations
(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. 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 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–
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
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 www.regulations.gov
or e-mail. The 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 www.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
VerDate Aug<31>2005
14:51 Jan 16, 2008
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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
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 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
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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,
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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations
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.).
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).)
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).
Dated: January 8, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
§ 52.1070
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.
I
40 CFR part 52 is amended as follows:
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 V—Maryland
2. In § 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:
I
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative regulations (COMAR)
citation
State
effective date
Title/subject
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*
26.11.24 ................
26.11.24.01 ...........
*
*
*
*
Stage II vapor recovery at gasoline dispensing facilities
Definitions ................................... 1/29/07 ............. 1/17/08 [Insert page number Addition of ‘‘Certified Inspector’’
where the document begins].
and ‘‘Vapor Recovery System.’’
*
26.11.24.05–1 .......
*
*
Inspections by a Certified Inspector.
*
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*
Additional explanation/citation at
40 CFR 52.1100
EPA approval date
*
*
14:51 Jan 16, 2008
*
1/29/07 .............
*
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*
1/17/08 [Insert page number
where the document begins].
*
*
*
*
*
*
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*
*
Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Rules and Regulations
*
*
*
[FR Doc. E8–579 Filed 1–16–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–1011; FRL–8517–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revisions to Stage II
Requirements in Allegheny County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving revisions to
the Commonwealth of Pennsylvania
State Implementation Plan which were
submitted on November 21, 2006 by the
Pennsylvania Department of
Environmental Protection (PADEP).
These revisions modify and clarify the
existing regulatory requirements for the
control of volatile organic compounds
from gasoline dispensing facilities in
Allegheny County. The revisions modify
the compliance dates and make other
minor technical amendments to the
efficiency and compliance testing
portions of the Stage II regulations in
Allegheny County. EPA is approving
these revisions to the Commonwealth of
Pennsylvania’s State Implementation
Plan 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–2006–1011 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail: fernandez.cristina@epa.gov
C. Mail: EPA–R03–OAR–2006–1011,
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 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.
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SUMMARY:
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14:51 Jan 16, 2008
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2006–
1011. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or e-mail. The 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 www.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.
Docket: All documents in the
electronic docket are listed in the
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 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 Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105;
and the Allegheny County Health
Department, Bureau of Environmental
Quality, Division of Air Quality, 301
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39th Street, Pittsburgh, Pennsylvania
15201.
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
Commonwealth of Pennsylvania State
Implementation Plan (SIP), which were
submitted on November 21, 2006 by
PADEP. These changes to Allegheny
County’s Article XXI Air Pollution
Control Rules and Regulations amend
the existing Stage II regulatory
requirements to conform with 25 PA
Code, Chapter 129, Standards for
Sources, section 129.82, Control of
volatile organic compounds (VOCs)
from gasoline dispensing facilities.
Specifically, the revisions incorporate
revised compliance dates for Allegheny
County, and make other minor technical
amendments. The revised Stage II
compliance dates are all now in the
past, so gasoline dispensing facilities
with throughputs greater than 10,000
gallons per month are subject to these
regulations. In the case of independent
small business marketers, as defined in
Section 324 of the CAA, the regulation
does not apply if the throughput is less
than 50,000 gallons per month.
Allegheny County has also revised its
regulations to establish functional
testing and certification requirements,
as well as recordkeeping requirements
consistent with EPA’s regulations. The
regulation also establishes a 95%
efficiency for Stage II vapor recovery
systems in Allegheny County, consistent
with EPA requirements.
II. Why Is EPA Taking This Action?
EPA is approving these SIP revisions
to the Commonwealth of Pennsylvania
SIP. The Allegheny County Health
Department (ACHD) revised its Stage II
VOC control requirements in order to
follow revisions to Stage II requirements
that were made at the State level. EPA
is approving these revisions as
necessary for attainment and
maintenance of the ozone standard in
Southwest Pennsylvania.
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]]>Agencies
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Rules and Regulations]
[Pages 3187-3190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-579]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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. 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 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 www.regulations.gov or e-mail.
The 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 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
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 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
0
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
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State effective explanation/
regulations (COMAR) citation Title/subject date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 3190]]
* * * * *
[FR Doc. E8-579 Filed 1-16-08; 8:45 am]
BILLING CODE 6560-50-P
