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Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compound Emissions From Portable Fuel Containers
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 29, 2004 (Volume 69, Number 124)]
[Rules and Regulations]
[Page 38848-38850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn04-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD135-3099a; FRL-7671-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Volatile Organic Compound Emissions From Portable
Fuel Containers
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 pertain to new
emission standards for portable fuel containers. EPA is approving these
revisions in accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on August 30, 2004 without further
notice, unless EPA receives adverse written comment by July 29, 2004.
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 MD 135-3099 by one of
the following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: Makeba Morris, 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. MD 135-3099.
EPA's policy is that all comments received will be included in the
public docket without change, 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 regulations.gov or e-
mail. The Federal 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
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.
Copies of the documents relevant to this action are available 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; the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland
Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In December 1999, the Environmental Protection Agency (EPA)
determined that the State Implementation Plan (SIP) submittals for 10
areas, including the Baltimore and Philadelphia-Wilmington-Trenton
severe nonattainment areas, required additional emission reductions in
order for these areas to attain the one-hour ozone standard.
As part of a regional effort to address these emission reduction
shortfalls in the Ozone Transport Region (OTR), the Ozone Transport
Commission (OTC) developed control measures into model rules and
estimated emission reductions that would result from their
implementation. One of the model rules was for control of volatile
organic compound (VOC) emissions from portable fuel containers. The OTC
model rules were based on existing rules developed by the California
Air Resources Board (CARB), which were analyzed and modified by the OTC
workgroup to address emission
[[Page 38849]]
reduction needs in the OTR. Implementation of these model rules will
help OTR states attain and maintain the one-hour ozone standard and
reduce eight-hour ozone levels.
II. Summary of SIP Revision
On March 8, 2002, the Maryland Department of the Environment
submitted a formal revision to its SIP. The SIP revision consists of
new regulation COMAR 26.11.13.07 Control of VOC Emissions from Portable
Fuel Containers. This regulation applies statewide to any person who
sells, supplies, offers for sale, or manufactures for sale portable
fuel containers and/or spout for use in Maryland on or after January 1,
2003.
This regulation requires each portable fuel container and/or spout
to meet the following requirements: (1) Have only one opening for both
filling and pouring, (2) have an automatic shut-off to prevent overfill
during refueling, (3) automatic closing and sealing of the container
and/or spout when not dispensing fuel, (4) have a minimum flow rate and
fill level, (5) meet a permeation standard, (6) have a manufacturer's
warranty against defects, and (7) clearly display a label with the date
of manufacture and identifying the container and/or spout as a spill
proof system. Also included in the regulation are compliance testing
requirements, exemptions, recordkeeping, and administrative requirements.
III. Final Action
EPA is approving a revision to the Maryland SIP that adds new
regulation .07 under COMAR 26.11.13 to establishes VOC emission
standards for portable fuel containers. Implementation of this rule
will result in statewide emission reductions, and will help the ozone
nonattainment areas in the state attain the one-hour ozone standard.
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 August 30, 2004 without further
notice unless EPA receives adverse comment by July 29, 2004. 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.
IV. 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 (59 FR 22951, 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
standard, and does not alter the relationship or the distribution of
power and responsibilities established 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 action must be filed in the United States Court
of Appeals for the appropriate circuit by August 30, 2004. 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 to approve the Maryland's VOC emission
standards for portable fuel containers, 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, Ozone, Reporting and
[[Page 38850]]
recordkeeping requirements, Volatile organic compounds.
Dated: May 27, 2004.
James W. Newsom,
Acting 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. Section 52.1070 is amended by adding paragraph (c)(184) to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(184) Revisions to the Code of Maryland Administrative Regulations
(COMAR) for the Control of VOC Emissions from Portable Fuel Containers
submitted on March 8, 2002 by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of March 8, 2002 from the Maryland Department of the
Environment transmitting an addition to Maryland's State Implementation
Plan pertaining to the control of volatile organic compounds (VOC)
emissions from portable fuel containers.
(B) Addition of new regulation .07 under COMAR 26.11.13--Control of
VOC Emissions from Portable Fuel Containers, adopted by the Secretary
of the Environment on December 21, 2001, and effective on January 21,
2002.
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(184)(i) of this
section.
[FR Doc. 04-14602 Filed 6-28-04; 8:45 am]
BILLING CODE 6560-50-P