

[Federal Register: May 8, 2006 (Volume 71, Number 88)]
[Rules and Regulations]               
[Page 26688-26691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my06-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0314; FRL-8165-2]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments To Stage II Vapor Recovery at Gasoline Dispensing 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions clarify system 
testing and reporting requirements for gasoline dispensing facilities 
that are currently required to implement Stage II Vapor Recovery. EPA 
is proposing to approve these revisions in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 7, 2006 without further notice, 
unless EPA receives adverse written comment by June 7, 2006. 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-2006-0314, by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 

submitting comments.
    B. E-mail: morris.makeba@epa.gov
    C. Mail: EPA-R03-OAR-2006-0314, Makeba Morris, Chief, Air Quality 
Programs 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-
2006-0314. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 

is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the

[[Page 26689]]

http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov
 or in hard copy during normal business hours at the 

Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at 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: This section is organized as follows:

What Action Is EPA Taking?
What Are the CAA Requirements For Stage II Programs?
What Revisions Did Maryland Make to Its Stage II rule?
Why is EPA Approving Maryland's Revised Stage II rule?

I. What Action Is EPA Taking?

    EPA is proposing to approve Maryland's Amendments to Regulations 
.04 and .07 under COMAR 26.11.24 Stage II Vapor Recovery at Gasoline 
Dispensing Facilities, and incorporate these changes into the Maryland 
SIP. The amendments were proposed by the Maryland Secretary of the 
Environment on December 10, 2004, went to public hearing on January 11, 
2005, were adopted on January 26, 2005, finalized on February 18, 2005 
and became effective on February 28, 2005. The Maryland Department of 
the Environment submitted these amendments (Revision 05-02) to 
EPA as a SIP revision on March 15, 2005.

II. What Are the CAA Requirements For Stage II Programs?

    The 1990 Clean Air Act required states to develop regulations 
requiring Stage II Vapor Recovery in severe and serious ozone 
nonattainment areas. Stage II is the control of gasoline vapors when 
dispensing gasoline into vehicle fuel tanks. This program was 
implemented in Maryland in January 1993, with a requirement for system 
installation at service stations owned by oil companies that had a 
monthly throughput of 10,000 gallons or more, and for other dispensing 
facilities with a monthly throughput of 50,000 gallons or more. 
Maryland's Stage II regulations were submitted as a SIP revision to EPA 
on January 18, 1993, and approved by EPA on June 9, 1993 (54 FR 29730). 
Maryland submitted revisions to these regulations as a SIP revision on 
May 23, 2002, which were approved by EPA on May 7, 2003 (68 FR 24363).

III. What Revisions Did Maryland Make To its Stage II Rule?

    The Amendments to Regulations .04 and .07 under COMAR 26.11.24 that 
are the subject of this rulemaking will:
    (1) Clarify that the Healy Stage II system does not require a 
liquid blockage test because the vacuum assist pump is located at the 
storage tank;
    (2) Delete the requirement to test the automatic shutoff mechanism 
each month because it is observed or inspected daily similar to all 
other Stage II approved equipment;
    (3) Clarify that test failures are to be reported to the Department 
within 5 days; and
    (4) Require a facility to notify the Department at least 5 days 
before performing a test and that the test results be submitted to the 
Department within 45 days.

IV. Why Is EPA Approving Maryland's Revised Stage II Rule?

    EPA has reviewed the revisions to Regulations .04 and .07 under 
COMAR 26.11.24 and has determined that the revisions continue to meet 
the requirements for states to have approved Stage II Vapor Recovery 
Systems. In addition, the revisions strengthen the SIP by providing 
additional clarification for testing and reporting requirements to the 
Department.

V. Final Action

    EPA is approving the revisions to Maryland's Stage II regulations 
submitted to EPA on March 15, 2005. EPA is publishing this rule without 
prior proposal because the Agency 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 July 7, 2006 without further notice unless EPA receives 
adverse comment by June 7, 2006. 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. 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.

VI. 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, 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

[[Page 26690]]

in the Clean Air Act. This rule also is not subject to Executive Order 
13045 ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 Clean Air Act, petitions for 
judicial review of this approval of Maryland's Amendments to Stage II 
Vapor Recovery Regulations must be filed in the United States Court of 
Appeals for the appropriate circuit by July 7, 2006. Filing a petition 
for reconsideration by the Administrator of this final rule does not 
affect the finality of this rule for the purposes of judicial review 
nor does it extend the time within which a petition for judicial review 
may be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 24, 2006.
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 26.11.24 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
        Code of Maryland                                     State         EPA        Additional  explanation/
   administrative regulations         Title/subject        effective     approval     citation  at 40 CFR Sec.
        (COMAR) citation                                      date         date                52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
26.11.24.04....................  Testing Requirements...      2/28/05       5/8/06
                                                                           [Insert
                                                                       page number
                                                                         where the
                                                                          document
                                                                           begins]

                                                  * * * * * * *
26.11.24.07....................  Recordkeeping and            2/28/05       5/8/06
                                  Reporting Requirements.                  [Insert
                                                                       page number
                                                                         where the
                                                                          document
                                                                           begins]

                                                  * * * * * * *
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[FR Doc. 06-4199 Filed 5-5-06; 8:45 am]

BILLING CODE 6560-50-P
