[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28054-28056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD116-3067a; FRL-6979-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Maryland; Repeal of Petroleum Refinery Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on a revision to the State 
of Maryland State Implementation Plan (SIP) submitted on January 4, 
2001 by the Maryland Department of the Environment (MDE). This revision 
repeals the requirements for petroleum refineries in the State of 
Maryland. There are no petroleum refineries located in the State of 
Maryland. EPA is approving this SIP in accordance with the requirements 
of the Clean Air Act.

DATES: This rule is effective on July 23, 2001 without further notice, 
unless EPA receives adverse written comment by June 21, 2001. 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: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. You may inspect copies of the 
documents relevant to this action during normal business hours at the 
following locations: 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: Ellen Wentworth, (215) 814-2034 at the 
EPA Region III address above, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Description of the SIP Revision and EPA's Action

    The information in this section is organized as follows:

A. What Action Is EPA Taking Today?
B. Why is EPA Taking This Action?
C. Why Is the Request Approvable?
D. What Is the Process for EPA Approval of This Action?

A. What Action Is EPA Taking Today?

    EPA is approving a revision to the State of Maryland SIP which was 
submitted on January 4, 2001 by MDE. This revision repeals Regulation 
.04, Petroleum Refineries, under Maryland's Code of Maryland 
Administrative Regulations (COMAR) 26.11.11, Control of Petroleum 
Products Installations, including Asphalt Paving and Asphalt Concrete 
Plants. At one time there was the possibility of a petroleum refinery 
being constructed in the State of Maryland which would have required 
regulation under COMAR 26.11.11.04, and under Maryland's SIP. However, 
a facility was never constructed, and at the present time there are no 
petroleum refineries located in Maryland.

B. Why Is EPA Taking This Action?

    EPA is approving this SIP revision at the request of MDE. Since 
there are no petroleum refineries located in the State of Maryland, 
Maryland repealed its petroleum refinery regulation, COMAR 26.11.11.04, 
Petroleum Refineries, under COMAR 26.11.11, Control of Petroleum 
Products Installations, including Asphalt Paving and Asphalt Concrete 
Plants. Because there are no oil refineries in the State of Maryland, 
EPA is approving the SIP revision to amend

[[Page 28055]]

COMAR 26.11.11 to repeal Regulation 26.11.11.04, Petroleum Refineries.

C. Why is the Request Approvable?

    As stated previously, there are no petroleum refineries located in 
Maryland. Therefore, a regulation to control such sources is not 
necessary. If a new petroleum refinery were to move in to Maryland, it 
would be subject to New Source Performance Standards (NSPS), New Source 
Review (NSR), Prevention of Significant Deterioration requirements 
(PSD), Maximum Achievable Control Technology (MACT) standards, as well 
as Maryland's Toxic Air Pollutants (TAPs) regulations. Therefore, EPA 
finds the Maryland request approvable.

D. What Is the Process for EPA Approval of This Action?

    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse written comments be filed. This rule will be effective 
on July 23, 2001 without further notice unless EPA receives adverse 
comment by June 21, 2001. 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.

II. Final Action

    EPA is approving the revision to the State of Maryland SIP which 
was submitted on January 4, 2001 by MDE. This revision amends COMAR 
26.11.11, Control of Petroleum Products Installations, including 
Asphalt Paving and Asphalt Concrete Plants to repeal Regulation 
26.11.11.04, Petroleum Refineries.

III. What Are the Administrative Requirements?

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. 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 (Public Law 104-4). This rule also does 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), nor will it 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), because it 
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 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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 July 23, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
approving the repeal of Regulation 26.11.11.04, Petroleum Refineries 
under COMAR 26.11.11, Control of Petroleum Products Installations, 
including Asphalt Paving and Asphalt Concrete Plants 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 
recordkeeping requirements.


[[Page 28056]]


    Dated: May 1, 2000
William C. Early,
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 paragraphs (c)(161) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (161) Revisions to the State of Maryland Regulations pertaining to 
the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on 
January 4, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 4, 2001, from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.11 to repeal 
Regulation 26.11.11.04, Petroleum Refineries.
    (B) Amendments to COMAR 26.11.11, Control of Petroleum Products 
Installations, including Asphalt Paving and Asphalt Concrete Plants, 
repealing Regulation 26.11.11.04, Petroleum Refineries, effective 
October 5, 1998.
    (ii) Additional Material. Remainder of the January 4, 2001 
submittal pertaining to the repeal of COMAR 26.11.11.04, Petroleum 
Refineries.

[FR Doc. 01-12712 Filed 5-21-01; 8:45 am]
BILLING CODE 6560-50-P