[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 38848-38850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14602]


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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: [email protected].
    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 [email protected].

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 (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 
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.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
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. 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