Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Gasoline and Volatile Organic Compound Storage and Handling, 45890-45893 [2015-18828]
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45890
Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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 October 2, 2015.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: April 29, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Subpart H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(109) to read as
follows:
■
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(109) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of
Environmental Protection on October
31, 2012.
(i) Incorporation by reference.
(A) Connecticut Trading Agreement
and Order No. 8187, Modification 1
issued to PSEG Power Connecticut LLC
on July 16, 2012.
(B) Connecticut Trading Agreement
and Order No. 8242, Modification 1
issued to PSEG Power Connecticut LLC
on July 16, 2012.
■ 3. In § 52.385, Table 52.385 is
amended by adding new entries to an
existing state citation for 22a–174–22 to
read as follows:
§ 52.385 EPA-approved Connecticut
regulations.
*
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
TABLE 52.385—EPA-APPROVED REGULATIONS
Dates
Connecticut State
citation
Title/Subject
Date adopted
by State
Date approved
by EPA
*
22a–174–22 .........
*
Control of Nitrogen Oxides
emissions.
*
7/16/12
*
8/3/15
22a–174–22 .........
Control of Nitrogen Oxides
emissions.
7/16/12
8/3/15
*
*
*
[FR Doc. 2015–18872 Filed 7–31–15; 8:45 am]
BILLING CODE 6560–50–P
Federal Register
citation
(c)(109) ..
*
ENVIRONMENTAL PROTECTION
AGENCY
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Environmental Protection
Agency (EPA).
AGENCY:
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Connecticut Trading Agreement and
Order No. 8242, Modification 1.
*
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of Gasoline and Volatile Organic
Compound Storage and Handling
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*
Connecticut Trading Agreement and
Order No. 8187, Modification 1.
(c)(109) ..
[EPA–R03–OAR–2014–0854; FRL–9931–54–
Region 3]
16:06 Jul 31, 2015
Comments/Description
*
[Insert Federal
Register page
number where
the document
begins].
[Insert Federal
Register page
number where
the document
begins].
40 CFR Part 52
VerDate Sep<11>2014
Section
52.370
Sfmt 4700
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ACTION:
*
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Maryland State Implementation Plan
(SIP). The revision pertains to
amendments to Code of Maryland
Regulation (COMAR) 26.11.13, Control
of Gasoline and Volatile Organic
Compound Storage and Handling. The
amendments consist of establishing an
alternative and equivalent method of
transfer of high pressure materials as
well as changing incorrect references in
regulations .04 and .05. EPA is
SUMMARY:
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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
approving this revision in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on October
2, 2015 without further notice, unless
EPA receives adverse written comment
by September 2, 2015. 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–2014–0854 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2014–0854,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, 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–2014–
0854. 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 email. 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 email
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
VerDate Sep<11>2014
16:06 Jul 31, 2015
Jkt 235001
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:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 8, 2014, Maryland
submitted a formal revision (#14–05) to
its State Implementation Plan (SIP). The
SIP revision consists of amendments to
COMAR 26.11.13, Control of Gasoline
and Volatile Organic Compound Storage
and Handling. The amendments consist
of establishing an alternative and
equivalent method of transfer of high
pressure materials as well as changing
incorrect references in regulations .04
and .05.
II. Summary of SIP Revision
COMAR 26.11.13, Control of Gasoline
and Volatile Organic Compound Storage
and Handling, provides regulations that
control the emissions of volatile organic
compounds (VOCs) from the storage and
handling of substances containing
VOCs. The October 8, 2014 SIP
submittal includes corrections to
references found within sections .04 and
.05 of COMAR 26.11.13. The corrected
references add an update regarding the
technical memorandum referenced in
the sections. Maryland updated its
citation to Test Methods and Equipment
Specifications for Stationary Sources for
both Sections .04 and .05 by adding a
reference to an update to the
memorandum. The reference now reads
as Test Methods and Equipment
Specifications for Stationary Sources
[(]January 1991[)], as amended through
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45891
Supplement 3 (October 1, 1997). Section
.04 was amended to establish an
alternative and equivalent method of
transfer of high pressure materials.
Section .04 sets requirements for
loading/transfer operations of high
pressure materials (defined as having a
pressure which exceeds 1.5 pound per
square inch absolute (psia)). Currently
in the State of Maryland an industry
standard is used for the transfer of
gasoline and fuel grade ethanol
products. The industry standard is
referred to as a dry disconnect. Dry
disconnects transfer high pressure
materials and upon disconnection, they
immediately close to prevent the release
of VOCs or high pressure material.
Currently, there is no industry standard
for the loading/transfer of other high
pressure materials outside of gasoline
and fuel grade ethanol. Because there is
a lack of industry standard for the
transfer of other high pressure materials,
this SIP revision provides amendments
to establish alternative and equivalent
compliance procedures for the transfer
of other high pressure materials.
The alternative compliance
procedures include the use of an
overhead loading rack that would
transfer the high pressure materials from
a railroad tank car to a tank truck or vice
versa. This would also require the
utilization of spill control equipment,
such as spill pans, that would prevent
the leak of high pressure material during
post loading disconnection. In addition
to this system one of the following
measures must also be used: Walking
the hose clear of material, using a pump
to clean the line of material, or using an
inert gas to clean the material from the
hose.
III. Final Action
EPA is approving amendments to
COMAR 26.11.13, Control of Gasoline
and Volatile Organic Compound Storage
and Handling, which include
establishing an alternative and
equivalent method of transfer of high
pressure materials as well as changing
incorrect references in regulations .04
and .05. EPA is publishing this rule
prior to proposal because EPA views
this as a noncontroversial 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
October 2, 2015 without further notice
unless EPA receives adverse comment
by September 2, 2015. If EPA receives
adverse comment, EPA will publish a
timely withdrawal in the Federal
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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
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. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of COMAR
26.11.13. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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.);
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• 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 CAA; 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.
C. Petitions for Judicial Review
B. Submission to Congress and the
Comptroller General
Dated: July 20, 2015.
William C. Early,
Acting Regional Administrator, Region III.
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).
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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 October 2, 2015. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action.
This action which approves changes
to COMAR 26.11.13 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,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising entries for
‘‘26.11.13.04’’ and ‘‘26.11.13.05’’ to read
as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
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45893
Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations
EPA–APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Administrative Regulations
(COMAR) citation
State
effective
date
Title/subject
*
*
*
*
*
*
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
*
26.11.13.04 ....................
*
*
Loading Operations ......
5/28/14
26.11.13.05 ....................
Gasoline Leaks from
Tank Trucks.
5/28/14
*
*
*
*
*
*
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
RIN 1090–AB10
[156D0102DM/DS10700000/
DMSN00000.000000/DX.10701.CEN00000]
Privacy Act Regulations; Exemption
for the Indian Arts and Crafts Board
Office of the Secretary, Interior.
Final rule.
AGENCY:
The Department of the
Interior is issuing a final rule to amend
its regulations to exempt certain records
in the Indian Arts and Crafts Board
system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative law
enforcement requirements.
DATES: This final rule is effective
September 2, 2015.
FOR FURTHER INFORMATION CONTACT: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW., Mail Stop 5547 MIB,
Washington, DC 20240. Email at
Privacy@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
The Department of the Interior (DOI)
published a notice of proposed
rulemaking in the Federal Register on
May 14, 2015, 80 FR 27623, proposing
to exempt certain records in the Indian
Arts and Crafts Board system of records
in accordance with 5 U.S.C. 552a(k)(2)
of the Privacy Act because of criminal,
civil, and administrative law
enforcement requirements. The Indian
Arts and Crafts Board system of records
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*
Procedural Requirements
*
*
*
Addition of alternative compliance procedure and
administrative changes.
Administrative changes.
*
notice was published in the Federal
Register on May 14, 2015, 80 FR 27700.
Comments were invited on the Indian
Arts and Crafts Board system of records
notice and the notice of proposed
rulemaking. DOI received no comments
on the published system of records
notice and one general comment on the
notice of proposed rulemaking that
required no revisions, and will therefore
implement the rulemaking as proposed.
*
BILLING CODE 6560–50–P
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*
*
8/3/15, [Insert Federal
Register citation].
8/3/15, [Insert Federal
Register citation].
*
[FR Doc. 2015–18828 Filed 7–31–15; 8:45 am]
ACTION:
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
*
*
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601, et seq.). This rule does not
impose a requirement for small
businesses to report or keep records on
any of the requirements contained in
this rule. The exemptions to the Privacy
Act apply to individuals, and
individuals are not covered entities
under the Regulatory Flexibility Act.
3. Small Business Regulatory
Enforcement Fairness Act (SBREFA)
1. Regulatory Planning and Review (E.O.
12866)
The Office of Management and Budget
(OMB) has determined that this rule is
not a significant rule and has not
reviewed it under the requirements of
Executive Order 12866. We have
evaluated the impacts of the rule as
required by E.O. 12866 and have
determined that it does not meet the
criteria for a significant regulatory
action. The results of our evaluation are
given below.
(a) This rule will not have an annual
effect of $100 million or more on the
economy. It will not adversely affect in
a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or tribal governments or
communities.
(b) This rule would not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency.
(c) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, concessions, loan programs,
water contracts, management
agreements, or the rights and obligations
of their recipients.
(d) This rule does not raise any novel
legal or policy issues.
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.
2. Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
In accordance with Executive Order
12630, the rule does not have significant
takings implications. This rule makes
only minor changes to 43 CFR part 2. A
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4. Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments in the aggregate, or
on the private sector, of more than $100
million per year. The rule does not have
a significant or unique effect on State,
local, or tribal governments or the
private sector. This rule makes only
minor changes to 43 CFR part 2. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
5. Takings (E.O. 12630)
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]]>Agencies
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45890-45893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18828]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0854; FRL-9931-54-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of Gasoline and Volatile Organic
Compound Storage and Handling
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Maryland State Implementation
Plan (SIP). The revision pertains to amendments to Code of Maryland
Regulation (COMAR) 26.11.13, Control of Gasoline and Volatile Organic
Compound Storage and Handling. The amendments consist of establishing
an alternative and equivalent method of transfer of high pressure
materials as well as changing incorrect references in regulations .04
and .05. EPA is
[[Page 45891]]
approving this revision in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on October 2, 2015 without further
notice, unless EPA receives adverse written comment by September 2,
2015. 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-2014-0854 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0854, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2014-0854. 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 email.
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 email
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 Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 8, 2014, Maryland submitted a formal revision (#14-05)
to its State Implementation Plan (SIP). The SIP revision consists of
amendments to COMAR 26.11.13, Control of Gasoline and Volatile Organic
Compound Storage and Handling. The amendments consist of establishing
an alternative and equivalent method of transfer of high pressure
materials as well as changing incorrect references in regulations .04
and .05.
II. Summary of SIP Revision
COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound
Storage and Handling, provides regulations that control the emissions
of volatile organic compounds (VOCs) from the storage and handling of
substances containing VOCs. The October 8, 2014 SIP submittal includes
corrections to references found within sections .04 and .05 of COMAR
26.11.13. The corrected references add an update regarding the
technical memorandum referenced in the sections. Maryland updated its
citation to Test Methods and Equipment Specifications for Stationary
Sources for both Sections .04 and .05 by adding a reference to an
update to the memorandum. The reference now reads as Test Methods and
Equipment Specifications for Stationary Sources [(]January 1991[)], as
amended through Supplement 3 (October 1, 1997). Section .04 was amended
to establish an alternative and equivalent method of transfer of high
pressure materials.
Section .04 sets requirements for loading/transfer operations of
high pressure materials (defined as having a pressure which exceeds 1.5
pound per square inch absolute (psia)). Currently in the State of
Maryland an industry standard is used for the transfer of gasoline and
fuel grade ethanol products. The industry standard is referred to as a
dry disconnect. Dry disconnects transfer high pressure materials and
upon disconnection, they immediately close to prevent the release of
VOCs or high pressure material. Currently, there is no industry
standard for the loading/transfer of other high pressure materials
outside of gasoline and fuel grade ethanol. Because there is a lack of
industry standard for the transfer of other high pressure materials,
this SIP revision provides amendments to establish alternative and
equivalent compliance procedures for the transfer of other high
pressure materials.
The alternative compliance procedures include the use of an
overhead loading rack that would transfer the high pressure materials
from a railroad tank car to a tank truck or vice versa. This would also
require the utilization of spill control equipment, such as spill pans,
that would prevent the leak of high pressure material during post
loading disconnection. In addition to this system one of the following
measures must also be used: Walking the hose clear of material, using a
pump to clean the line of material, or using an inert gas to clean the
material from the hose.
III. Final Action
EPA is approving amendments to COMAR 26.11.13, Control of Gasoline
and Volatile Organic Compound Storage and Handling, which include
establishing an alternative and equivalent method of transfer of high
pressure materials as well as changing incorrect references in
regulations .04 and .05. EPA is publishing this rule prior to proposal
because EPA views this as a noncontroversial 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 October 2, 2015
without further notice unless EPA receives adverse comment by September
2, 2015. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal
[[Page 45892]]
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. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of COMAR 26.11.13. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 2, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
This action which approves changes to COMAR 26.11.13 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 20, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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
entries for ``26.11.13.04'' and ``26.11.13.05'' to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 45893]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland Sip
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Code of Maryland Administrative Title/subject effective EPA approval date citation at 40 CFR
Regulations (COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
* * * * * * *
26.11.13.04..................... Loading Operations. 5/28/14 8/3/15, [Insert Addition of alternative
Federal Register compliance procedure
citation]. and administrative
changes.
26.11.13.05..................... Gasoline Leaks from 5/28/14 8/3/15, [Insert Administrative changes.
Tank Trucks. Federal Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2015-18828 Filed 7-31-15; 8:45 am]
BILLING CODE 6560-50-P
