[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40970-40972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16021]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1000; FRL-8691-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to the Control of Volatile Organic Compound 
Emissions From Portable Fuel Containers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision establishes and 
requires the control of emissions of volatile organic compounds (VOCs) 
portable fuel containers. EPA is approving this SIP revision in 
accordance with the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on August 18, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-1000. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy 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. 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: 

I. Background

    On December 3, 2007 (72 FR 67878), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of the control of VOC emissions from portable fuel containers. 
The formal SIP revision was submitted by the Maryland Department of the 
Environment (MDE) on June 18, 2007.

II. Summary of SIP Revision

    Maryland's amendments to the portable fuel containers rule 
incorporate the changes to the 2007 Ozone Transport Commission (OTC) 
Model Rule for portable fuel containers that was based on the changes 
adopted by California Air Resources Board (CARB) in July 2006. The 
amendments address the fact that the original rule did not apply to 
kerosene containers which were offered for sale in place of compliant 
portable fuel containers. Other amended incorporations include: 
Modifying the existing spout regulations in order to improve spillage 
control; elimination of the fuel flow rate and fill level performance 
standards; elimination of the automatic shutoff performance standard; 
new containers must be certified for use and sale by the manufacturer 
through CARB; and, new portable fuel container testing procedures to 
streamline testing. The amendments, which includes a one-year sell-
through period, apply to any person who sells, supplies, advertises or 
offers for sale, or manufactures for sale portable fuel containers and/
or spouts. Owners of portable fuel containers and/or spouts purchased 
prior to the July 1, 2007 implementation date are not required to 
purchase or replace the containers and/or spouts with newer, compliant 
fuel containers. There are no manufacturers of portable fuel containers 
in Maryland.
    The rationale for EPA's proposed action are explained in the NPR 
and will not be restated here. On December 6, 2007, EPA received a 
comment on its December 3, 2007 NPR. A summary of the comment submitted 
and EPA's response is provided in section III of this document.

III. Summary of Public Comments and EPA Response

    Comment: The commenter expressed a concern that in New Jersey, the 
container designs are not easy to use, especially for those who use 
these containers only occasionally, and some people might defeat the 
designs thereby eliminating any air quality benefits. The commenter 
asks if EPA would investigate whether the containers will really bring 
a significant clean air benefit.
    Response: These amendments, submitted by the State of Maryland 
concerning the control of VOCs from portable fuel containers, are being 
considered by EPA, on the basis that they strengthen the existing 
Maryland SIP. There is no comparable Federal rule to reduce VOC 
emissions from portable fuel containers. The State of Maryland has 
estimated that these amendments will result in an emission reduction 
potential of 1.6 tons per day of VOC in the Baltimore nonattainment 
area, and 6 tons per day of VOC statewide beginning in 2009.\1\ The 
commenter does not dispute that the Maryland portable fuel container 
rule will reduce VOC emissions, but rather speculates that the 
emissions reduction features of the fuel containers might be defeated 
by end-users and asks EPA to investigate whether the rule will achieve 
``significant clean air benefits.'' For purposes of approving this 
regulation as a SIP-strengthening measure, EPA does not have to 
determine if the emissions reductions from this regulation are or are 
not ``significant.'' EPA merely needs to determine if the rule will 
generate some additional reductions that would not be achieved by the 
current Maryland SIP. The commenter does not challenge that at least 
some amount of reductions will occur due to the implementation of the 
fuel container rule.
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    \1\ Maryland is not at this time requesting EPA to approve a 
quantified amount of VOC emission reduction from the enactment of 
its regulation. Rather, this regulation has been submitted by 
Maryland, and is being considered by EPA, on the basis that it 
strengthens the existing Maryland SIP. EPA will only review and 
approve a specific amount of emissions reductions after receiving a 
proper request to do so from the State of Maryland.
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    Section 110 of the CAA provides the statutory framework for 
approval/ disapproval of SIP revisions. Under the CAA, EPA establishes 
NAAQS for certain pollutants. The CAA establishes a joint Federal and 
State program to control air pollution and protect the public health. 
States are required to prepare SIPs for each designated ``air quality 
region'' within their borders. The SIP must specify emission limits

[[Page 40971]]

and other measures necessary for that area to meet and maintain the 
required NAAQS. Each SIP must be submitted to the EPA for its review 
and approval. EPA will review and must approve the SIP revision if it 
is found to meet the minimum requirements of the CAA. See section 
110(k)(3) of the CAA, 42 U.S.C. 7410(k)(3); see also, Union Elec. Co. 
v. EPA, 427 U.S. 246, 265, 96 S.Ct. 2518, 49 L.Ed.2d 474 (1976).
    EPA has concluded that Maryland's amendments concerning the control 
of VOCs from portable fuel containers meet the minimum criteria for 
approvability. Furthermore, to the extent that the fuel containers 
achieve any emissions reductions at all, even reductions that are not 
``significant,'' this SIP revision will be more stringent than the 
current Maryland SIP.

III. Final Action

    EPA is approving the control of VOC emissions from portable fuel 
containers (COMAR 26.11.13.07) as a revision to the Maryland SIP which 
was submitted on June 18, 2007. This regulation will result in the 
reduction of VOC emissions from the affected sources.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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 rule 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.

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 action 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).

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 September 15, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 pertaining to Maryland's amendments 
to the portable fuel containers rule 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, Volatile organic compounds.

    Dated: July 1, 2008.
Donald S. Welsh,
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

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entries for COMAR 26.11.13 [title] and 26.11.13.07 to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations in the Maryland SIP
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 Code of Maryland  administrative                                      State                                            Additional  explanation/citation
   regulations (COMAR)  citation            Title/subject         effective date           EPA approval date                   at 40 CFR 52.1100
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COMAR 26.11.13....................                         Control of Gasoline and Volatile Organic Compound Storage and Handling

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26.11.13.07.......................  Control of VOC Emissions             6/18/07  7/17/08 [Insert page number where    .................................
                                     from Portable Fuel                            the document begins].
                                     Containers.
 
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 [FR Doc. E8-16021 Filed 7-16-08; 8:45 am]
BILLING CODE 6560-50-P