[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Rules and Regulations]
[Pages 26688-26691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4199]
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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: [email protected]
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 [email protected].
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.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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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
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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
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* * * * * * *
26.11.24.04.................... Testing Requirements... 2/28/05 5/8/06
[Insert
page number
where the
document
begins]
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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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[[Page 26691]]
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[FR Doc. 06-4199 Filed 5-5-06; 8:45 am]
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