[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Rules and Regulations]
[Pages 45397-45399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22795]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD068-3027a; FRL-6144-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Volatile Organic Compounds From Sources That Store 
and Handle Jet Fuel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision establishes and 
requires volatile organic compound (VOC) emission control requirements 
for sources that store or handle jet fuel. The intended effect of this 
action is to approve revisions to COMAR 26.11.13 into the Maryland SIP 
in accordance with the Clean Air Act.

DATES: This final rule is effective October 26, 1998 unless within 
September 25, 1998, adverse or critical comments are received. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and 
Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
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, 401 M 
Street, SW, Washington, DC 20460; and the Maryland Department of the 
Environment, 2500 Broening Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney at (215) 814-2092, or 
by e-mail at [email protected]. While information may be 
requested via e-mail, comments must be submitted in writing to the 
above EPA Region III address.

SUPPLEMENTARY INFORMATION: On March 31, 1998, the State of Maryland 
submitted a formal revision to its SIP, which consists of amendments to 
existing state regulation COMAR 26.11.13, the ``Control of Gasoline and 
Volatile Organic Compound Storage and Handling.'' The purpose of the 
amendments to COMAR 26.11.13 are to establish VOC emission control 
requirements on sources that store and handle jet fuel. This revision 
was submitted to satisfy the requirements of sections 182 and 184 of 
the Clean Air Act to implement reasonably available control technology 
(RACT) on major sources of VOCs.

Summary of the SIP Revision

    The provisions COMAR 26. 11.13 are the control requirements of VOC 
emissions from gasoline and VOC storage tanks. COMAR 26. 11.13 was 
amended to also apply to any source which handles or stores jet fuel. 
Sources handling or storing jet fuel were not previously subject to 
regulation 26.11.13. Jet fuel, also known as JP-4, has similar 
volatility properties as gasoline, is a significant source of VOC 
emissions and is stored and used at several major sources in Maryland. 
The purpose of these amended revisions is to apply controls 
constituting RACT on sources that store and handle jet fuel.
    Formerly COMAR 26.11.13 only applied to sources that stored VOCs or 
gasoline. Gasoline was defined in COMAR 26.11.13 under section .01, 
``Definitions'', as ``* * * fuel used for internal combustion 
engines''. The amended language in the rule consists entirely of a 
change to the definition of gasoline under section .01. The definition 
for the term ``gasoline'' found at 26.11.13.01 (B)(4) has been revised 
to read: ``Gasoline means a petroleum distillate or alcohol, or their 
mixtures, having a true vapor pressure within the range of 1.5 to 11 
pounds per square inch absolute (psia) (10.3 to 75.6 kilonewton/square 
meter) that is used as fuel for internal combustion engines or 
aircraft.'' This is the only provision that was changed in the rule in 
the March 31, 1998 SIP submittal.
    COMAR 26.11.13 applies statewide. All provisions of Rule 26.11.13 
related to emission control requirements, monitoring, compliance, 
record-keeping, test methods now apply to sources that store and handle 
jet fuel. A summary of these provisions follows:
    Requirements for large closed top storage tanks: Tanks must be 
equipped with gas-tight gauges and sampling devices and either: an 
internal floating roof with a primary and secondary seal; a pressure 
tank system that maintains pressure at all times; or a vapor control 
system to collect and dispose vapors. Seals must be checked and 
maintained in good condition. Visual inspections of the internal 
floating roof and seals must

[[Page 45398]]

be performed annually. All findings must be recorded. The Maryland 
Department of the Environment (MDE) shall be notified of any internal 
tank inspections at least 15 days prior to the inspection.
    Requirements for large open top storage tanks: Open top tanks are 
prohibited for gasoline or VOCs with vapor pressures that exceed 11 
psia. Open top tanks with a capacity greater than or equal to 40,000 
gallons must be equipped with an external floating roof with a primary 
and secondary seal and roof drains. Seals must be checked and 
maintained in good condition. Semiannual visual inspections of the 
primary and secondary seals must be performed. The total secondary seal 
gap must be determined annually. All findings must be recorded. The MDE 
shall be notified of any tank inspections at least 15 days prior to the 
inspection. Records of all inspections, repairs and the average monthly 
storage temperature and throughput must be maintained for two years.
    Requirements for bulk gasoline terminals: The loading system must 
be equipped with a vapor control system to collect and control at least 
90% of vapors from the loading rack. The vapor control system and the 
gasoline loading equipment must assure that the gasoline tank truck 
pressure does not exceed 18 inches of water and vacuum does not exceed 
6 inches of water. The vapor control system must be tested every 5 
years, between May and September for leak-tight conditions. MDE must be 
notified in advance of all tests and receive a copy of the test 
results.
    Requirements for bulk gasoline plants with a daily throughput of 
greater than or equal to 4,000 gallons: The loading rack must be 
equipped with a vapor balance system and a top submerged or bottom 
loading system. The vapor control system and the gasoline loading 
equipment must assure that the gasoline tank truck pressure does not 
exceed 18 inches of water and vacuum does not exceed 6 inches of water. 
All tank truck loading and transfer should be equipped with a vapor 
balance line.
    Requirements for small storage tanks: Small storage tanks are 
defined as those with a capacity greater than or equal to 2,000 gallons 
but less than or equal to 40,000 gallons built before May 8, 1991; or 
with a capacity greater than or equal to 250 gallons but less than or 
equal to 40,000 gallons built after May 8, 1991. Loading systems 
between tanks and tank trucks must be equipped with a vapor balance 
line.
    Requirements for gasoline tank trucks: Tank trucks must be 
certified as capable of sustaining a pressure change of not more than 3 
inches of water in five minutes when pressurized to a gauge pressure of 
18 inches of water, or evacuated to a gauge pressure of six inches of 
water. Certification tests must be performed annually and any repairs 
must be completed and retested within 15 days of the original test. The 
certification test expiration date must be displayed on all gasoline 
tank trucks.
    General standards: A person may not load any gasoline or VOC with a 
total vapor pressure of 1.5 psia or greater into any truck or railroad 
car unless the loading connections are equipped with leak-proof 
fittings that close automatically on disconnection. Equipment must be 
maintained and operated in a manner to prevent liquid leaks during 
loading or unloading.
    EPA has determined that the control requirements of COMAR 26.11.13 
constitutes an acceptable level of RACT on major sources that store and 
handle jet fuel, a known VOC. EPA is approving this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments. However, in the proposed rules 
section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should adverse or critical comments be filed. This rule will 
be effective October 26, 1998 without further notice unless by 
September 25, 1998, adverse or critical comments are received. If EPA 
receives such comments, then EPA will publish a timely withdrawal of 
the direct final rule and informing the public that the rule will not 
take effect. All public comments received will then be addressed in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this rule. Only parties interested 
in commenting on this action should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on October 26, 1998 and no further action will be taken on 
the proposed rule.

Final Action

    EPA is approving the revisions to COMAR 26.11.13 submitted by the 
State of Maryland on March 31, 1998 as a revision to the Maryland SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review. The final rule is not subject 
to E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' because it is not an ``economically 
significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and

[[Page 45399]]

advising any small governments that may be significantly or uniquely 
impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    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).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve revisions to COMAR 26.11.13 
relating to RACT for sources that store and handle jet fuel into the 
Maryland SIP must be filed in the United States Court of Appeals for 
the appropriate circuit by October 26, 1998. 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, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements.

    Dated: August 5, 1998.

Thomas C. Voltaggio,

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)(130) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (130) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of March 31, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.13, pertaining to the control of VOC emissions from sources 
that store and handle jet fuel adopted by the Secretary of the 
Environment on March 28, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of 
``gasoline.''
    (ii) Additional Material: Remainder of March 31, 1998 Maryland 
State submittal pertaining to COMAR 26.11.13 control of VOCs from 
sources that store and handle jet fuel.

[FR Doc. 98-22795 Filed 8-25-98; 8:45 am]
BILLING CODE 6560-50-P