[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Rules and Regulations]
[Pages 6352-6355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2060]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2004-ME-0003; A-1-FRL-7863-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Portable Fuel Containers

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 Maine. This revision establishes requirements 
to reduce volatile organic compound (VOC) emissions from portable fuel 
containers. The intended effect of this action is to approve these 
requirements into the Maine SIP. EPA is taking this action in 
accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective April 8, 2005, unless 
EPA receives adverse comments by March 9, 2005. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R01-OAR-2004-ME-0003 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: [email protected].
    4. Fax: (617) 918-0661.
    5. Mail: ``RME ID Number R01-OAR-2004-ME-003'' David Conroy, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    6. Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, 11th floor, (CAQ), Boston, MA 
02114-2023. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal Holidays.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R01-OAR-2004-ME-0003. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://docket.epa.gov/rmepub/, 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 Regional Material in

[[Page 6353]]

EDocket (RME), regulations.gov, or e-mail. The EPA RME website and the 
federal regulations.gov website are ``anonymous access'' systems, 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 RME or 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.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding federal Holidays.

FOR FURTHER INFORMATION CONTACT: Anne Arnold, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
(617) 918-1047, [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, copies of the State submittal and EPA's 
technical support document are also available for public inspection 
during normal business hours, by appointment at the Bureau of Air 
Quality Control, Department of Environmental Protection, First Floor of 
the Tyson Building, Augusta Mental Health Institute Complex, Augusta, 
ME 04333-0017.

II. Rulemaking Information

This section is organized as follows:
    A. What Action is EPA Taking?
    B. What Are the Requirements of Maine's New Regulation?
    C. Why Is EPA Approving Maine's Regulation?
    D. What Is the Process for EPA To Approve This SIP Revision?

A. What Action Is EPA Taking?

    EPA is approving Maine's Chapter 155, ``Portable Fuel Container 
Spillage Control,'' and incorporating this regulation into the Maine 
SIP.

B. What Are the Requirements of Maine's New Regulation?

    Chapter 155 includes performance standards for portable fuel 
containers and spouts in order to ensure spill-proof systems. Chapter 
155 prohibits any person to sell, supply, offer for sale, or 
manufacture for sale in Maine, on or after January 1, 2004, any 
portable fuel container or spout that does meet all of the specified 
performance standards. However, there is a one year sell-through period 
whereby containers and spouts manufactured before January 1, 2004 may 
be sold, supplied, or offered for sale until January 1, 2005. The rule 
also includes the appropriate testing and recordkeeping requirements to 
ensure compliance with the specified performance standards.

C. Why Is EPA Approving Maine's Regulation?

    EPA has evaluated Maine's Chapter 155 and has found that this 
regulation is consistent with EPA guidance and the OTC model rule for 
portable fuel containers. The specific requirements of the regulation 
and EPA's evaluation of these requirements are detailed in a memorandum 
dated December 22, 2004, entitled ``Technical Support Document--Maine--
Portable Fuel Containers Regulation'' (TSD). The TSD and Maine's 
Chapter 155 are available in the docket supporting this action.
    As noted in the TSD, when Maine submitted this regulation for 
approval and incorporation by reference into the SIP, the state did not 
submit the word ``or'' in subsection 7(C) of Chapter 155.\1\ In 
adopting Chapter 155, Maine was responding to a comment from EPA on 
this subsection in which EPA made it clear that any alternative test 
methods would have to be approved by both Maine DEP and EPA. DEP 
inadvertently used the formulation ``and/or'' to respond to EPA's 
comment, despite the fact that it is DEP's intent and commitment to EPA 
that any alternative test methods will have to be approved by both DEP 
and EPA Therefore, DEP deleted the word ``or'' from subsection 7(C) 
when DEP submitted it to EPA for approval to clarify DEP's intent in 
implementing this provision.
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    \1\ Subsection 7(C) reads ``Alternative methods that are shown 
to be accurate, precise and appropriate may be used upon written 
approval of the Department and/or EPA.'' When submitting Chapter 155 
to EPA for approval into the SIP, Maine deleted ``/or'' from this 
sentence.
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    The OTC (Ozone Transport Commission) has developed model rules for 
several VOC source categories, and the OTC states, including Maine, 
have signed a memorandum of understanding (MOU) committing to adopt 
these model rules. One of the categories for which a model rule has 
been developed is portable fuel containers. (See ``OTC Model Rule: 
Portable Fuel Container Spillage Control,'' March 6, 2001.)
    The OTC model rule for portable fuel containers was based on a 
similar rule adopted by the California Air Resources Board (CARB). 
Compliance with CARB's rule was due in January 2001. Several other OTC 
states have also recently adopted a portable fuel container rule based 
on the OTC model rule and EPA has already approved some of these 
states' rules.\2\
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    \2\ For example, EPA approved the portable fuel container rules 
adopted by New York and Maryland on January 23, 2004 (69 FR 3237), 
and June 29, 2004 (69 FR 38848), respectively.
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D. What Is the Process for EPA To Approve This SIP Revision?

    The EPA is publishing 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 comments be filed. This action will be effective April 8, 2005 
without further notice unless the EPA receives adverse comments by 
March 9, 2005.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will

[[Page 6354]]

not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on April 8, 2005 and no 
further action will be taken on the proposed rule.

III. Final Action

    EPA is approving Maine's Chapter 155, ``Portable Fuel Container 
Spillage Control,'' and incorporating this regulation into the Maine 
SIP.

IV. Statutory and Executive Order Reviews

    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 (Public Law 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), 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 
``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.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 April 8, 2005. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. 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, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: January 12, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 U--Maine

0
2. Section 52.1020 is amended by adding paragraph (c)(53) to read as 
follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (53) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on December 29, 2003, 
October 22, 2004, and December 9, 2004.
    (i) Incorporation by reference.
    (A) Chapter 155 of the Maine Department of Environmental Protection 
Regulations, ``Portable Fuel Container Spillage Control,'' effective in 
the State of Maine on July 14, 2004, with the exception of the word 
``or'' in Subsection 7C which Maine did not submit as part of the SIP 
revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    3. In Sec.  52.1031, Table 52.1031 is amended by adding a new state 
citation, 155, to read as follows:


Sec.  52.1031  EPA-approved Maine regulations.

* * * * *

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                               Table 52.1031.--EPA-Approved Rules and Regulations
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                                        Date        Date
  State citation     Title/Subject   adopted by   approved   Federal Register    52.1020
                                        State      by EPA         citation
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                                                  * * * * * * *
155..............  Portable Fuel         6/3/04      2/7/05  [Insert FR           (c)(53)  All of Chapter 155 is
                    Container                                 citation from                 approved with the
                    Spillage                                  published date].              exception of the
                    Control.                                                                word ``or'' in
                                                                                            Subsection 7C which
                                                                                            Maine did not submit
                                                                                            as part of the SIP
                                                                                            revision.
 
                                                 * * * * * * *
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Note.--1. The regulations are effective statewide unless stated otherwise in comments section.

[FR Doc. 05-2060 Filed 2-4-05; 8:45 am]
BILLING CODE 6560-50-P