[Federal Register Volume 63, Number 170 (Wednesday, September 2, 1998)]
[Rules and Regulations]
[Pages 46662-46664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23326]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 061-3028a, MD 065-3028a; FRL-6148-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to VOC Regulations for Dry Cleaning and Stage I 
Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions 
submitted by the State of Maryland. The first revision amends 
Maryland's dry cleaning regulation such that its volatile organic 
compound (VOC) requirements no longer apply to dry cleaning operations 
using perchloroethylene. The second revision amends Maryland's Stage I 
Vapor Recovery regulation such that it is no longer applicable to 
gasoline storage tanks with a capacity of less than 2000 gallons. The 
intended effect of this action is to approve these revisions to 
Maryland's SIP in accordance with the Clean Air Act (the Act).

DATES: This final rule is effective November 2, 1998 unless within 
October 2, 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 this 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: Carolyn M. Donahue, (215) 814-2095, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 6, 1998, the Maryland Department of the Environment 
(MDE) submitted two formal revisions to its State Implementation Plan 
(SIP). The first SIP revision amends COMAR 26.11.19.12: Control of VOCs 
from Dry Cleaning Installations such that its VOC control requirements 
no longer apply to dry cleaning operations using perchloroethylene. EPA 
has determined that the compound perchloroethylene has minimal 
photochemical reactivity and, therefore, does not contribute 
significantly to the formation of ground level ozone. The second SIP 
revision amends COMAR 26.11.13.04: Control of VOCs from Gasoline 
Storage/Loading Operations such that it no longer applies to gasoline 
storage tanks with a capacity of less than 2000 gallons.

II. Summary of the SIP Revisions

COMAR 26.11.19.12: Control of VOCs From Dry Cleaning Installations

    In revising this regulation, Maryland removed the VOC requirements 
for dry cleaning operations using perchloroethylene. EPA has determined 
that perchloroethylene is not a compound which significantly 
contributes to the formation of ground level ozone (61 FR 4588, 
February 7, 1996). This revision removes sections B(1), C, D from COMAR 
26.11.19.12 and renumbers the remaining sections accordingly. Dry 
cleaners that use perchloroethylene are still subject to state and 
federal toxic and hazardous air pollutant requirements.

COMAR 26.11.13.04: Control of VOCs From Gasoline Storage/Loading 
Operations

    Maryland amended this regulation to eliminate the Stage I Vapor 
Recovery requirements for gasoline storage tanks with a capacity of 
less than 2000 gallons. Through a survey conducted in August 1995 of 
Maryland service stations, MDE concluded that less than 2% of the total 
gasoline throughput was from tanks with a capacity between 250 and 2000 
gallons. This revision removes sections C(1)(b), C(2), and C(4) and 
renumbers the remaining sections accordingly.
    EPA is approving this rule without prior proposal because the 
Agency views these as noncontroversial amendments 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 revisions should 
adverse or critical comments be filed. This rule will be effective 
November 2, 1998 without further notice unless the Agency receives 
relevant adverse comments by October 2, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the 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. 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 November 2, 1998 and no further action will be taken on 
the proposed rule. If adverse comments are received that do not pertain 
to both approval actions taken in this rule, the action not affected by 
the adverse comments will be finalized in the manner described here. 
Only those actions which receive adverse comments will be withdrawn in 
the manner described here.

III. Final Actions

    EPA is approving revisions to COMAR 26.11.19.12: Control of VOCs 
from Dry Cleaning Installations. EPA is also approving the revisions to 
COMAR 26.11.13.04: Control of VOCs from Gasoline Storage/Loading 
Operations.
    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.

[[Page 46663]]

IV. 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

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.
    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 EPA 
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 Act, 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 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).

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 November 2, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving revisions to two of Maryland's VOC revisions 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and record 
keeping requirements.

    Dated: August 11, 1998.
W. Michael McCabe,
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 paragraphs (c)(131) and 
(132) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (131) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air 
quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations, adopted by the 
Secretary of the Environment on August 18, 1997, and effective on 
September 22, 1997, including the following:
    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to 
perchloroethylene dry cleaner installations applicability.
    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and 
Emission Standards--Perchloroethylene Dry Cleaning Installations.
    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance--
Perchloroethylene Dry Cleaning Installations.
    (ii) Additional Material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations
    (132) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic

[[Page 46664]]

compounds in Maryland's air quality regulations, Code of Maryland 
Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile 
Organic Compound Storage and Handling from Loading Operations, adopted 
by the Secretary of the Environment on July 18, 1997, and effective on 
August 11, 1997, including the following:
    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the 
applicability of this regulation to gasoline storage tanks with a 
capacity greater than 250 gallons and less than 2000 gallons.
    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.
    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I 
Requirement for Certain Sources.
    (ii) Additional material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and 
Volatile Organic Compound Storage and Handling from Loading Operations.

[FR Doc. 98-23326 Filed 9-1-98; 8:45 am]
BILLING CODE 6560-50-P