[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Rules and Regulations]
[Pages 45890-45893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0854; FRL-9931-54-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to the Control of Gasoline and Volatile Organic 
Compound Storage and Handling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Maryland State Implementation 
Plan (SIP). The revision pertains to amendments to Code of Maryland 
Regulation (COMAR) 26.11.13, Control of Gasoline and Volatile Organic 
Compound Storage and Handling. The amendments consist of establishing 
an alternative and equivalent method of transfer of high pressure 
materials as well as changing incorrect references in regulations .04 
and .05. EPA is

[[Page 45891]]

approving this revision in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on October 2, 2015 without further 
notice, unless EPA receives adverse written comment by September 2, 
2015. 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 Docket ID Number EPA-
R03-OAR-2014-0854 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0854, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2014-0854. 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 email. 
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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 8, 2014, Maryland submitted a formal revision (#14-05) 
to its State Implementation Plan (SIP). The SIP revision consists of 
amendments to COMAR 26.11.13, Control of Gasoline and Volatile Organic 
Compound Storage and Handling. The amendments consist of establishing 
an alternative and equivalent method of transfer of high pressure 
materials as well as changing incorrect references in regulations .04 
and .05.

II. Summary of SIP Revision

    COMAR 26.11.13, Control of Gasoline and Volatile Organic Compound 
Storage and Handling, provides regulations that control the emissions 
of volatile organic compounds (VOCs) from the storage and handling of 
substances containing VOCs. The October 8, 2014 SIP submittal includes 
corrections to references found within sections .04 and .05 of COMAR 
26.11.13. The corrected references add an update regarding the 
technical memorandum referenced in the sections. Maryland updated its 
citation to Test Methods and Equipment Specifications for Stationary 
Sources for both Sections .04 and .05 by adding a reference to an 
update to the memorandum. The reference now reads as Test Methods and 
Equipment Specifications for Stationary Sources [(]January 1991[)], as 
amended through Supplement 3 (October 1, 1997). Section .04 was amended 
to establish an alternative and equivalent method of transfer of high 
pressure materials.
    Section .04 sets requirements for loading/transfer operations of 
high pressure materials (defined as having a pressure which exceeds 1.5 
pound per square inch absolute (psia)). Currently in the State of 
Maryland an industry standard is used for the transfer of gasoline and 
fuel grade ethanol products. The industry standard is referred to as a 
dry disconnect. Dry disconnects transfer high pressure materials and 
upon disconnection, they immediately close to prevent the release of 
VOCs or high pressure material. Currently, there is no industry 
standard for the loading/transfer of other high pressure materials 
outside of gasoline and fuel grade ethanol. Because there is a lack of 
industry standard for the transfer of other high pressure materials, 
this SIP revision provides amendments to establish alternative and 
equivalent compliance procedures for the transfer of other high 
pressure materials.
    The alternative compliance procedures include the use of an 
overhead loading rack that would transfer the high pressure materials 
from a railroad tank car to a tank truck or vice versa. This would also 
require the utilization of spill control equipment, such as spill pans, 
that would prevent the leak of high pressure material during post 
loading disconnection. In addition to this system one of the following 
measures must also be used: Walking the hose clear of material, using a 
pump to clean the line of material, or using an inert gas to clean the 
material from the hose.

III. Final Action

    EPA is approving amendments to COMAR 26.11.13, Control of Gasoline 
and Volatile Organic Compound Storage and Handling, which include 
establishing an alternative and equivalent method of transfer of high 
pressure materials as well as changing incorrect references in 
regulations .04 and .05. EPA is publishing this rule prior to proposal 
because EPA 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 October 2, 2015 
without further notice unless EPA receives adverse comment by September 
2, 2015. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal

[[Page 45892]]

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.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of COMAR 26.11.13. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 2, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action which approves changes to COMAR 26.11.13 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 20, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 
entries for ``26.11.13.04'' and ``26.11.13.05'' to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 45893]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland Sip
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                                                          State                          Additional explanation/
 Code of Maryland Administrative     Title/subject      effective    EPA approval date      citation at 40 CFR
  Regulations (COMAR) citation                             date                                  52.1100
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                                                  * * * * * * *
                 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
 
                                                  * * * * * * *
26.11.13.04.....................  Loading Operations.      5/28/14  8/3/15, [Insert      Addition of alternative
                                                                     Federal Register     compliance procedure
                                                                     citation].           and administrative
                                                                                          changes.
26.11.13.05.....................  Gasoline Leaks from      5/28/14  8/3/15, [Insert      Administrative changes.
                                   Tank Trucks.                      Federal Register
                                                                     citation].
 
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[FR Doc. 2015-18828 Filed 7-31-15; 8:45 am]
 BILLING CODE 6560-50-P