Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Volatile Organic Compound Emissions From Portable Fuel Containers, 40970-40972 [E8-16021]
Download as PDF
<![CDATA[
40970
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
processing of the received ultrasonic
signal.
(b) Classification. Class II (special
controls). The special control for this
device is FDA’s ‘‘Guidance for Industry
and FDA Staff; Class II Special Controls
Guidance Document: Bone
Sonometers.’’ See § 892.1(e) for the
availability of this guidance document.
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
Dated: July 2, 2008.
Daniel G. Schultz,
Director, Center for Devices and Radiological
Health.
[FR Doc. E8–16354 Filed 7–16–08; 8:45 am]
I. Background
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1000; FRL–8691–6]
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: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This revision establishes and requires
the control of emissions of volatile
organic compounds (VOCs) portable
fuel containers. EPA is approving this
SIP revision in accordance with the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on August 18, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2007–1000. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection 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
VerDate Aug<31>2005
18:28 Jul 16, 2008
Jkt 214001
FOR FURTHER INFORMATION CONTACT:
Gobeail McKinley, (215) 814–2033, or
by e-mail at mckinley.gobeail@epa.gov.
SUPPLEMENTARY INFORMATION:
On December 3, 2007 (72 FR 67878),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of the control of VOC emissions from
portable fuel containers. The formal SIP
revision was submitted by the Maryland
Department of the Environment (MDE)
on June 18, 2007.
II. Summary of SIP Revision
Maryland’s amendments to the
portable fuel containers rule incorporate
the changes to the 2007 Ozone
Transport Commission (OTC) Model
Rule for portable fuel containers that
was based on the changes adopted by
California Air Resources Board (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 includes 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.
The rationale for EPA’s proposed
action are explained in the NPR and
will not be restated here. On December
6, 2007, EPA received a comment on its
December 3, 2007 NPR. A summary of
the comment submitted and EPA’s
response is provided in section III of
this document.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
III. Summary of Public Comments and
EPA Response
Comment: The commenter expressed
a concern that in New Jersey, the
container designs are not easy to use,
especially for those who use these
containers only occasionally, and some
people might defeat the designs thereby
eliminating any air quality benefits. The
commenter asks if EPA would
investigate whether the containers will
really bring a significant clean air
benefit.
Response: These amendments,
submitted by the State of Maryland
concerning the control of VOCs from
portable fuel containers, are being
considered by EPA, on the basis that
they strengthen the existing Maryland
SIP. There is no comparable Federal
rule to reduce VOC emissions from
portable fuel containers. The State of
Maryland has estimated that these
amendments will result in an emission
reduction potential of 1.6 tons per day
of VOC in the Baltimore nonattainment
area, and 6 tons per day of VOC
statewide beginning in 2009.1 The
commenter does not dispute that the
Maryland portable fuel container rule
will reduce VOC emissions, but rather
speculates that the emissions reduction
features of the fuel containers might be
defeated by end-users and asks EPA to
investigate whether the rule will
achieve ‘‘significant clean air benefits.’’
For purposes of approving this
regulation as a SIP-strengthening
measure, EPA does not have to
determine if the emissions reductions
from this regulation are or are not
‘‘significant.’’ EPA merely needs to
determine if the rule will generate some
additional reductions that would not be
achieved by the current Maryland SIP.
The commenter does not challenge that
at least some amount of reductions will
occur due to the implementation of the
fuel container rule.
Section 110 of the CAA provides the
statutory framework for approval/
disapproval of SIP revisions. Under the
CAA, EPA establishes NAAQS for
certain pollutants. The CAA establishes
a joint Federal and State program to
control air pollution and protect the
public health. States are required to
prepare SIPs for each designated ‘‘air
quality region’’ within their borders.
The SIP must specify emission limits
1 Maryland is not at this time requesting EPA to
approve a quantified amount of VOC emission
reduction from the enactment of its regulation.
Rather, this regulation has been submitted by
Maryland, and is being considered by EPA, on the
basis that it strengthens the existing Maryland SIP.
EPA will only review and approve a specific
amount of emissions reductions after receiving a
proper request to do so from the State of Maryland.
E:\FR\FM\17JYR1.SGM
17JYR1
40971
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
and other measures necessary for that
area to meet and maintain the required
NAAQS. Each SIP must be submitted to
the EPA for its review and approval.
EPA will review and must approve the
SIP revision if it is found to meet the
minimum requirements of the CAA. See
section 110(k)(3) of the CAA, 42 U.S.C.
7410(k)(3); see also, Union Elec. Co. v.
EPA, 427 U.S. 246, 265, 96 S.Ct. 2518,
49 L.Ed.2d 474 (1976).
EPA has concluded that Maryland’s
amendments concerning the control of
VOCs from portable fuel containers
meet the minimum criteria for
approvability. Furthermore, to the
extent that the fuel containers achieve
any emissions reductions at all, even
reductions that are not ‘‘significant,’’
this SIP revision will be more stringent
than the current Maryland SIP.
III. Final Action
EPA is approving the control of VOC
emissions from portable fuel containers
(COMAR 26.11.13.07) as a revision to
the Maryland SIP which was submitted
on June 18, 2007. This regulation will
result in the reduction of VOC
emissions from the affected sources.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the 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 September 15,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action pertaining to
Maryland’s amendments to the portable
fuel containers rule 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: July 1, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
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 entries
for COMAR 26.11.13 [title] and
26.11.13.07 to read as follows:
I
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
rwilkins on PROD1PC63 with RULES
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative
regulations (COMAR)
citation
*
COMAR 26.11.13 ......
VerDate Aug<31>2005
18:28 Jul 16, 2008
State effective
date
Title/subject
*
EPA approval date
*
*
*
*
Control of Gasoline and Volatile Organic Compound Storage and Handling
Jkt 214001
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
E:\FR\FM\17JYR1.SGM
17JYR1
Additional
explanation/citation at
40 CFR 52.1100
*
40972
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued
Code of Maryland
administrative
regulations (COMAR)
citation
Title/subject
*
26.11.13.07 ...............
*
*
*
Control of VOC Emissions from Portable Fuel Containers.
*
*
*
*
*
*
*
*
[FR Doc. E8–16021 Filed 7–16–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2006–1029; FRL–8689–7]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Control of Air Pollution from Volatile
Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Texas. This
revision, adopted by Texas on
November 15, 2006, and submitted to
EPA on December 13, 2006, extends
requirements to reduce volatile organic
compound (VOC) emissions in the
Dallas-Fort Worth (DFW) area.
Specifically, this revision extends
requirements for control of VOC
emissions to the five counties that were
added to the DFW nonattainment area
under the 1997 8-hour ozone standard
designation: Ellis, Johnson, Kaufman,
Parker, and Rockwall, and the affected
VOC sources will be subject to the same
emission limitation, control,
monitoring, testing, recordkeeping, and
recording requirements already in effect
in Collin, Dallas, Denton, and Tarrant
counties. As a result of this action, these
new VOC control requirements will be
consistent for all nine counties in the
DFW ozone nonattainment area. This
revision meets statutory and regulatory
requirements, and is consistent with
EPA’s guidance. EPA is approving this
revision pursuant to section 110, 116
and part D of the Federal Clean Air Act
(CAA).
DATES: This direct final rule will be
effective September 15, 2008 without
VerDate Aug<31>2005
18:28 Jul 16, 2008
State effective
date
Jkt 214001
EPA approval date
*
6/18/07
*
7/17/08 [Insert page
number where the
document begins].
*
*
further notice, unless EPA receives
relevant adverse comments by August
18, 2008. If EPA receives such comment,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2006–1029, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2006–
1029. 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.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
*
Additional
explanation/citation at
40 CFR 52.1100
*
*
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://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 https://
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 docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40970-40972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16021]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1000; FRL-8691-6]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This revision establishes and
requires the control of emissions of volatile organic compounds (VOCs)
portable fuel containers. EPA is approving this SIP revision in
accordance with the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on August 18, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-1000. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
www.regulations.gov or in hard copy for public inspection 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: Gobeail McKinley, (215) 814-2033, or
by e-mail at mckinley.gobeail@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 3, 2007 (72 FR 67878), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of the control of VOC emissions from portable fuel containers.
The formal SIP revision was submitted by the Maryland Department of the
Environment (MDE) on June 18, 2007.
II. Summary of SIP Revision
Maryland's amendments to the portable fuel containers rule
incorporate the changes to the 2007 Ozone Transport Commission (OTC)
Model Rule for portable fuel containers that was based on the changes
adopted by California Air Resources Board (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 includes 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.
The rationale for EPA's proposed action are explained in the NPR
and will not be restated here. On December 6, 2007, EPA received a
comment on its December 3, 2007 NPR. A summary of the comment submitted
and EPA's response is provided in section III of this document.
III. Summary of Public Comments and EPA Response
Comment: The commenter expressed a concern that in New Jersey, the
container designs are not easy to use, especially for those who use
these containers only occasionally, and some people might defeat the
designs thereby eliminating any air quality benefits. The commenter
asks if EPA would investigate whether the containers will really bring
a significant clean air benefit.
Response: These amendments, submitted by the State of Maryland
concerning the control of VOCs from portable fuel containers, are being
considered by EPA, on the basis that they strengthen the existing
Maryland SIP. There is no comparable Federal rule to reduce VOC
emissions from portable fuel containers. The State of Maryland has
estimated that these amendments will result in an emission reduction
potential of 1.6 tons per day of VOC in the Baltimore nonattainment
area, and 6 tons per day of VOC statewide beginning in 2009.\1\ The
commenter does not dispute that the Maryland portable fuel container
rule will reduce VOC emissions, but rather speculates that the
emissions reduction features of the fuel containers might be defeated
by end-users and asks EPA to investigate whether the rule will achieve
``significant clean air benefits.'' For purposes of approving this
regulation as a SIP-strengthening measure, EPA does not have to
determine if the emissions reductions from this regulation are or are
not ``significant.'' EPA merely needs to determine if the rule will
generate some additional reductions that would not be achieved by the
current Maryland SIP. The commenter does not challenge that at least
some amount of reductions will occur due to the implementation of the
fuel container rule.
---------------------------------------------------------------------------
\1\ Maryland is not at this time requesting EPA to approve a
quantified amount of VOC emission reduction from the enactment of
its regulation. Rather, this regulation has been submitted by
Maryland, and is being considered by EPA, on the basis that it
strengthens the existing Maryland SIP. EPA will only review and
approve a specific amount of emissions reductions after receiving a
proper request to do so from the State of Maryland.
---------------------------------------------------------------------------
Section 110 of the CAA provides the statutory framework for
approval/ disapproval of SIP revisions. Under the CAA, EPA establishes
NAAQS for certain pollutants. The CAA establishes a joint Federal and
State program to control air pollution and protect the public health.
States are required to prepare SIPs for each designated ``air quality
region'' within their borders. The SIP must specify emission limits
[[Page 40971]]
and other measures necessary for that area to meet and maintain the
required NAAQS. Each SIP must be submitted to the EPA for its review
and approval. EPA will review and must approve the SIP revision if it
is found to meet the minimum requirements of the CAA. See section
110(k)(3) of the CAA, 42 U.S.C. 7410(k)(3); see also, Union Elec. Co.
v. EPA, 427 U.S. 246, 265, 96 S.Ct. 2518, 49 L.Ed.2d 474 (1976).
EPA has concluded that Maryland's amendments concerning the control
of VOCs from portable fuel containers meet the minimum criteria for
approvability. Furthermore, to the extent that the fuel containers
achieve any emissions reductions at all, even reductions that are not
``significant,'' this SIP revision will be more stringent than the
current Maryland SIP.
III. Final Action
EPA is approving the control of VOC emissions from portable fuel
containers (COMAR 26.11.13.07) as a revision to the Maryland SIP which
was submitted on June 18, 2007. This regulation will result in the
reduction of VOC emissions from the affected sources.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the 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 September 15, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action pertaining to Maryland's amendments
to the portable fuel containers rule 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: July 1, 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 entries for COMAR 26.11.13 [title] and 26.11.13.07 to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code of Maryland administrative State Additional explanation/citation
regulations (COMAR) citation Title/subject effective date EPA approval date at 40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
COMAR 26.11.13.................... Control of Gasoline and Volatile Organic Compound Storage and Handling
[[Page 40972]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.13.07....................... Control of VOC Emissions 6/18/07 7/17/08 [Insert page number where .................................
from Portable Fuel the document begins].
Containers.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-16021 Filed 7-16-08; 8:45 am]
BILLING CODE 6560-50-P
