Approval and Promulgation of Air Quality Implementation Plans; Maryland; Stage II Vapor Recovery at Gasoline Dispensing Facilities

Stanley L. Laskowski
Environmental Protection Agency
9 June 1994

[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14084]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD23-1-6369; FRL-4893-9]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Stage II Vapor Recovery at Gasoline Dispensing Facilities

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 submittal consists of 
regulations requiring Stage II gasoline vapor recovery in the Baltimore 
ozone nonattainment area and the Maryland portion of the Washington, DC 
and Philadelphia ozone nonattainment areas. The intended effect of this 
action is to approve the addition of Maryland's Stage II vapor recovery 
regulations into Maryland's ozone SIP. This action is being taken in 
accordance with the SIP submittal and revision provisions of the Clean 
Air Act (the Act).

EFFECTIVE DATE: This final rule will become effective on June 10, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107; the Air and Radiation Docket and Information Center (6102), 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: Maria A. Pino, (215) 597-9337, at the 
EPA Regional office listed in the Addresses section.

SUPPLEMENTARY INFORMATION: On November 24, 1993 (58 FR 62065), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Maryland. The NPR proposed approval of the addition of COMAR 26.11.24, 
Stage II Vapor Recovery at Gasoline Dispensing Facilities, into 
Maryland's ozone SIP. Maryland formally submitted COMAR 26.11.24 to EPA 
as a SIP revision on January 18, 1993 to comply with the Stage II vapor 
recovery requirements of section 182(b)(3) of the Act.
    This rulemaking action is approving the addition of COMAR 26.11.24 
into the Maryland ozone SIP. COMAR 26.11.24 requires Stage II vapor 
recovery at existing gasoline dispensing facilities which dispense 
10,000 gallons per month (gpm) or more, and at gasoline dispensing 
facilities which are owned by independent small business marketers 
(ISBMs) and which dispense 50,000 gpm or more. All new facilities with 
storage tank capacity greater than 2000 gallons, for which the Maryland 
Department of the Environment issued or issues a permit to construct 
after 11/15/90, regardless of ISBM ownership, are covered by this 
regulation.
    Other specific requirements of COMAR 26.11.24 and the rationale for 
EPA's action are explained in the NPR and will not be restated here. No 
public comments were received on the NPR.

Final Action

    EPA is approving the addition of COMAR 26.11.24, Stage II Vapor 
Recovery at Gasoline Dispensing Facilities, which Maryland submitted to 
EPA on January 18, 1993.
    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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future document will inform the 
general public of these tables. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
(54 FR 2222) from the requirements of Section 3 of Executive Order 
12291 for a period of two years. The EPA has submitted a request for a 
permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to 
continue the waiver until such time as it rules on EPA's request. This 
request continues in effect under Executive Order 12866, which 
superseded Executive Order 12291 on September 30, 1993.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to corrections to VOC 
regulations in the Maryland ozone SIP, must be filed in the United 
States Court of Appeals for the appropriate circuit by August 9, 1994. 
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 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: May 25, 1994.
Stanley L. Laskowski,
Acting 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. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(107) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (107) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at 
Gasoline Dispensing Facilities, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to 
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
[FR Doc. 94-14084 Filed 6-9-94; 8:45 am]
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