Air quality implementation plans; approval and promulgation; various States: Maryland,

[Federal Register: September 2, 1998 (Volume 63, Number 170)]

[Rules and Regulations]

[Page 46662-46664]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02se98-19]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 061-3028a, MD 065-3028a; FRL-6148-1]

Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to VOC Regulations for Dry Cleaning and Stage I Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions submitted by the State of Maryland. The first revision amends Maryland's dry cleaning regulation such that its volatile organic compound (VOC) requirements no longer apply to dry cleaning operations using perchloroethylene. The second revision amends Maryland's Stage I Vapor Recovery regulation such that it is no longer applicable to gasoline storage tanks with a capacity of less than 2000 gallons. The intended effect of this action is to approve these revisions to Maryland's SIP in accordance with the Clean Air Act (the Act).

DATES: This final rule is effective November 2, 1998 unless within October 2, 1998, adverse or critical comments are received. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 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, 401 M Street, SW, Washington, DC 20460; and the Maryland Department of the Environment, 2500 Broening Highway, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Carolyn M. Donahue, (215) 814-2095, or by e-mail at donahue.carolyn@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Background

   On February 6, 1998, the Maryland Department of the Environment (MDE) submitted two formal revisions to its State Implementation Plan (SIP). The first SIP revision amends COMAR 26.11.19.12: Control of VOCs from Dry Cleaning Installations such that its VOC control requirements no longer apply to dry cleaning operations using perchloroethylene. EPA has determined that the compound perchloroethylene has minimal photochemical reactivity and, therefore, does not contribute significantly to the formation of ground level ozone. The second SIP revision amends COMAR 26.11.13.04: Control of VOCs from Gasoline Storage/Loading Operations such that it no longer applies to gasoline storage tanks with a capacity of less than 2000 gallons.

2. Summary of the SIP Revisions

   COMAR 26.11.19.12: Control of VOCs From Dry Cleaning Installations

   In revising this regulation, Maryland removed the VOC requirements for dry cleaning operations using perchloroethylene. EPA has determined that perchloroethylene is not a compound which significantly contributes to the formation of ground level ozone (61 FR 4588, February 7, 1996). This revision removes sections B(1), C, D from COMAR 26.11.19.12 and renumbers the remaining sections accordingly. Dry cleaners that use perchloroethylene are still subject to state and federal toxic and hazardous air pollutant requirements.

   COMAR 26.11.13.04: Control of VOCs From Gasoline Storage/Loading Operations

   Maryland amended this regulation to eliminate the Stage I Vapor Recovery requirements for gasoline storage tanks with a capacity of less than 2000 gallons. Through a survey conducted in August 1995 of Maryland service stations, MDE concluded that less than 2% of the total gasoline throughput was from tanks with a capacity between 250 and 2000 gallons. This revision removes sections C(1)(b), C(2), and C(4) and renumbers the remaining sections accordingly.

   EPA is approving this rule without prior proposal because the Agency views these as noncontroversial amendments 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 revisions should adverse or critical comments be filed. This rule will be effective November 2, 1998 without further notice unless the Agency receives relevant adverse comments by October 2, 1998.

   If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this rule. Parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this rule will be effective on November 2, 1998 and no further action will be taken on the proposed rule. If adverse comments are received that do not pertain to both approval actions taken in this rule, the action not affected by the adverse comments will be finalized in the manner described here. Only those actions which receive adverse comments will be withdrawn in the manner described here.

3. Final Actions

   EPA is approving revisions to COMAR 26.11.19.12: Control of VOCs from Dry Cleaning Installations. EPA is also approving the revisions to COMAR 26.11.13.04: Control of VOCs from Gasoline Storage/Loading Operations.

   Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements.

   [[Page 46663]]

4. Administrative Requirements

   1. Executive Order 12866 and 13045

      The Office of Management and Budget (OMB) has exempted this regulatory action from E.O. 12866 review. The final rule is not subject to E.O. 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks,'' because it is not an ``economically significant'' action under E.O. 12866.

   2. Regulatory Flexibility Act

      The EPA's actions under section 502 of the Act do not create any new requirements, but simply address operating permits programs submitted to satisfy the requirements of 40 CFR Part 70. Because this action does not impose any new requirements, it does not have a significant impact on a substantial number of small entities.

      Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

      SIP approvals under section 110 and subchapter I, part D of the Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, the EPA certifies that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the Act, preparation of a flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

   3. Unfunded Mandates

      Under Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to private sector, of $100 million or more. Under Section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

      EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre- existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

   4. Submission to Congress and the General Accounting Office

      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).

      Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by November 2, 1998. Filing a petition for reconsideration by the Administrator of this final rule approving revisions to two of Maryland's VOC revisions 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, Intergovernmental relations, Ozone, Reporting and record keeping requirements.

      Dated: August 11, 1998. W. Michael McCabe, Regional Administrator, Region III.

      40 CFR part 52 is amended as follows:

      PART 52--[AMENDED]

      1. The authority citation for Part 52 continues to read as follows:

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

         Subpart V--Maryland

      2. Section 52.1070 is amended by adding paragraphs (c)(131) and (132) to read as follows:

         Sec. 52.1070 Identification of plan.

         * * * * *

         (c) * * *

         (131) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

         (i) Incorporation by reference.

         (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

         (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic Compound Emissions from Dry Cleaning Installations, adopted by the Secretary of the Environment on August 18, 1997, and effective on September 22, 1997, including the following:

         (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to perchloroethylene dry cleaner installations applicability.

         (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and Emission Standards--Perchloroethylene Dry Cleaning Installations.

         (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance-- Perchloroethylene Dry Cleaning Installations.

         (ii) Additional Material--Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic Compound Emissions from Dry Cleaning Installations

         (132) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

         (i) Incorporation by reference.

         (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic

         [[Page 46664]]

         compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

         (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations, adopted by the Secretary of the Environment on July 18, 1997, and effective on August 11, 1997, including the following:

         (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the applicability of this regulation to gasoline storage tanks with a capacity greater than 250 gallons and less than 2000 gallons.

         (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.

         (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I Requirement for Certain Sources.

         (ii) Additional material--Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations.

         [FR Doc. 98-23326Filed9-1-98; 8:45 am]

         BILLING CODE 6560-50-P