	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0644; FRL-       ]

	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 (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 [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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:

 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 website 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?

What Final Action is EPA Taking Today?

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 [Insert date 60 days from date of
publication in the Federal Register] without further 

notice unless EPA receives adverse comment by [Insert date 30 days from
date of publication in the Federal Register].  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, 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
(Public Law 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 [insert date 60 days from date of publication of
this document in the Federal Register].  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, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

___January 8, 2008___                   		         
_________/s/_________________

Dated:                                				Donald S. Welsh,

                                      				Regional Administrator,

                                      				Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

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 the
entry for COMAR 26.11.24.01 and adding an entry for COMARS 26.11.24.05-1
to read as follows:

( 52.1070  		Identification of plan.

*		*		*		*		*

(c)* * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP



Code of Maryland administrative regulations (COMAR) citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR 52.1100  



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              *             * 



26.11.24	

Stage II Vapor Recovery at Gasoline Dispensing Facilities 



26.11.24.01	

Definitions	

1/29/07	

[Insert Federal Register 

publication date]

[Insert page number where the document begins]	Addition of “Certified
Inspector” and “Vapor Recovery System” 



 *             *               *                *                *      
        *           *

26.11.24.05-1	Inspections by a Certified Inspector	1/29/07	[Insert
Federal Register 

publication date]

[Insert page number where the document begins]	





 *             *               *                *                *      
        *           *



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