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ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

EPA ID: [EPA-R03-OAR-2007-0644; FRL-8516-9]

NOTICE: RULES

ACTION: Approval and Promulgation of Air Quality Implementation Plans:

DOCUMENT ACTION: Direct final rule.

SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Maryland; Revisions to Stage II Requirements

DATES: This rule is effective on March 17, 2008 without further notice, unless EPA receives adverse written comment by February 19, 2008. 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.

DOCUMENT SUMMARY: EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan
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(SIP). The revisions will allow the Maryland Department of the Environment to utilize inspections of Stage I and Stage II systems by a certified inspector. EPA is approving these revisions to the Maryland SIP in accordance with the requirements of the Clean Air Act (CAA).

SUMMARY: Maryland; Revisions to Stage II Requirements,

SUPPLEMENTAL INFORMATION

Throughout this document, whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information is arranged as follows:
I. What Action Is EPA Taking Today?
II. Why Is EPA Taking This Action?
III. How Did EPA Review the Commonwealth's Submittal?
IV. What Final Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking Today?

EPA is approving revisions to the Maryland State Implementation Plan (SIP), which were submitted by the Maryland Department of the Environment (MDE). These changes, which include amendments to Regulation .01 and new Regulation .051 under COMAR 26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities amend Maryland's existing Stage II regulatory requirements. Specifically, the amendments and additions will allow MDE to utilize inspections of Stage I and Stage II systems by a certified inspector under COMAR 26.10.03.10. During one calendar year, approximately onethird of those stations required to be inspected would be inspected by certified inspectors. Based upon the inspections reports, MDE will be able to better target stateconducted inspections.

II. Why Is EPA Taking This Action?

MDE revised its Stage II requirements in order to enhance its inspection efficiency. EPA is approving these revisions as necessary for attainment and maintenance of the ozone standard in the State of Maryland.

III. How Did EPA Review the State's Submittal?

Maryland's SIP revisions (0702) were submitted by MDE on February 15, 2007. EPA evaluated MDE's revised Stage II requirements to verify that the revisions were consistent with the previously approved Stage II regulations for the State and met the requirements found in EPA's Stage II enforcement and technical documentation. The revisions were also reviewed for compliance with the CAA.

IV. What Final Action Is EPA Taking Today?

EPA is approving a SIP revision request submitted by MDE that allows for use of third party inspectors of Stage I and Stage II systems.

We are publishing this rule without prior proposal because the Agency 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 March 17, 2008 without further notice unless EPA receives adverse comment by February 19, 2008. 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.
V. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply,
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Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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. 1044). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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 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).

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 March 17, 2008. Filing a petition for reconsideration by the Administrator of this final rule 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, approving revisions to Maryland's Stage II regulations, 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: January 8, 2008.
Donald S. Welsh,
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 VMaryland
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising the entry for COMAR 26.11.24.01 and adding an entry for COMARS 26.11.24.051 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPAApproved Regulations in the Maryland SIP Additional Code of Maryland administrative State effective explanation/ regulations (COMAR) citation Title/subject date EPA approval date citation at 40 CFR 52.1100 * * * * * * * 26.11.24........................ Stage II vapor recovery at gasoline dispensing facilities 26.11.24.01..................... Definitions....... 1/29/07........... 1/17/08 [Insert Addition of page number where ``Certified the document Inspector'' and begins]. ``Vapor Recovery System.'' * * * * * * * 26.11.24.051................... Inspections by a 1/29/07........... 1/17/08 [Insert Certified page number where Inspector. the document begins]. * * * * * * * [[Page 3190]]
* * * * *
[FR Doc. E8579 Filed 11608; 8:45 am]
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FOR FURTHER INFORMATION CONTACT Catherine L. Magliocchetti, (215) 814- 2174, or by email at magliocchetti.catherine@epa.gov.