	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-1000; FRL-      ]

	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).

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

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
in the www.regulations.gov website.  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 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.  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 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  SEQ
CHAPTER \h \r 1  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 container 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 (Public Law 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 [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 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.

July 1, 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
entries for COMAR 26.11.13 [title] and 26.11.13.07 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  



          *            *               *              *              *  
              *             * 



COMAR 26.11.13	Control of Gasoline and Volatile Organic Compound Storage
and Handling

           *            *               *              *              * 
               *             *



26.11.13.07

	

Control of VOC Emissions from Portable Fuel Containers. 

	

6/18/07	

[Insert Federal Register publication date]

[Insert page number where the document begins]	





 *             *               *                *                *      
        *           *



*	*	*	*	*

 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.  

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