Rules and Regulations. Direct final rule

Agency: Environmental Protection Agency (EPA)
Action: Direct final rule
Citation: FR Doc. 2015-18828 · EPA-R03-OAR-2014-0854; FRL-9931-54-Region 3 · 40 CFR 52

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 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.

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 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 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 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: § 52.1070 Identification of plan. (c) * * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland Sip Code of Maryland Administrative Regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 * * * * * * * 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 Federal Register citation] Addition of alternative compliance procedure and administrative changes. 26.11.13.05 Gasoline Leaks from Tank Trucks 5/28/14 8/3/15, [Insert Federal Register citation] Administrative changes. * * * * * * * [FR Doc. 2015-18828 Filed 7-31-15; 8:45 am]