[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Proposed Rules]
[Pages 20234-20236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8005]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1120; FRL-8554-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology Requirements for 
Marine Vessel and Barge Loading

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Maryland Department of Environment. The 
revision pertains to the control of

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volatile organic compound (VOC) emissions by establishing reasonable 
available control technology (RACT) requirements for marine vessel and 
barge loading. EPA is proposing to approve the revision to the Maryland 
SIP in accordance with the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 15, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1120 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2007-1120, Cristina Fernandez, 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. EPA-R03-OAR-
2007-1120. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, 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 www.regulations.gov or e-mail. 
The www.regulations.gov Web site 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 www.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 
www.regulations.gov index. 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 www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, (215) 814-2033, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On October 24, 2007, the Maryland Department 
of Environment (MDE) submitted a revision to its SIP to establish RACT 
requirements for marine vessel and barge loading. The SIP revision 
(Maryland SIP 07-12) consists of amendments to Regulation .01 
and adoption of new Regulation .08 under COMAR 26.11.13--Control of 
Gasoline and Volatile Organic Compound Storage and Handling.

I. Background

    This SIP revision was submitted pursuant to the reasonable 
available control technology requirements of sections 182 and 184 of 
the Clean Air Act. RACT is the lowest emission limit that a particular 
source is capable of meeting by the application of the control 
technology that is reasonably available considering technological and 
economic feasibility. Maryland is located in the Ozone Transport Region 
(OTR) that was statutorily created by section 184 of the CAA.
    Section 184(b)(1)(B) of the CAA requires States to implement RACT 
regulations on all VOC sources that have the potential to emit 50 tons 
per year (TPY) or more. In addition, section 182(b)(2) requires States 
to implement RACT regulations on all ``major'' sources of VOC in 
moderate or above ozone nonattainment areas. Major VOC sources are 
those with the potential to emit at least 100 TPY in moderate areas, 50 
TPY in serious areas, and 25 TPY in severe areas.
    Maryland is in the OTR and the State is required to implement RACT 
regulations for all sources with the potential to emit 50 TPY or more, 
throughout the State. In Maryland's severe ozone nonattainment areas, 
RACT is required for all VOC sources with the potential to emit 25 TPY 
or more.
    The amendment to Regulation .01 and adoption of new Regulation .08 
under COMAR 26.11.13 control emissions of volatile organic compounds 
throughout the state. MDE submitted this SIP revision request pursuant 
to the reasonable available control technology requirements of sections 
182 and 184 of the Clean Air Act. Although the EPA has developed a 
maximum achievable control technology standard for barge loading (40 
CFR Part 63 Subpart Y), the liquid throughput threshold requiring 
controls is very high. For this reason, MDE has adopted RACT 
requirements for marine vessel and barge loading.
    A marine vessel is defined as any tank ship or barge that 
transports VOCs in bulk as cargo. Marine tank vessel loading operations 
are facilities that load and unload liquid commodities in bulk. Due to 
the increased demand for ethanol which is blended with gasoline, there 
is a renewed interest in transferring liquid products from stationary 
storage tanks into marine vessels or barges for further distribution. 
During marine tank vessel and barge loading operations, emissions 
result as the liquid that is being loaded into the vessel displaces 
vapors from the vessel's tank. VOC vapors are released from the vent of 
the barge in quantities that may be significant and contribute to 
ground level ozone. Maryland has decided to revise their RACT 
requirements to include marine vessel and barge loading.

II. Summary of SIP Revision

    The Maryland Department of the Environment is requesting a revision 
to the state's SIP to establish reasonable available control technology 
requirements for marine vessel and barging loading. The amendment to 
COMAR 26.11.13.01 consist of a new definition that defines a marine 
vessel as any tank ship or barge that transports VOCs in bulk as cargo. 
The new regulation COMAR 26.11.13.08 requires owners or operators of 
barge loading facilities in Baltimore City or Anne Arundel, Baltimore, 
Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, 
Montgomery, and Prince George's Counties to reduce capture of VOC 
vapors by 90 percent if emissions from the barge loading equal or 
exceed 25 TPY. In the rest of the state

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(Allegheny, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, and Worchester 
Counties), controls are required if emissions are equal to or exceed 50 
TPY.

III. Proposed Action

    EPA is proposing to approve the Maryland SIP revision for the 
establishment of RACT requirements to control VOC emissions from marine 
vessel and barging loading, which the state submitted on October 24, 
2007. EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely proposes to approve state law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule to approve Maryland's amendments to 
the control of volatile organic compound emissions by establishing 
reasonable available control technology requirements for marine vessel 
and barge loading does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the state, and 
EPA notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 9, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E8-8005 Filed 4-14-08; 8:45 am]
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