Approval and Promulgation of Air Quality Implementation Plans; State of Maryland-Oxygenated Gasoline Program

Stanley L. Laskowski
Environmental Protection Agency
10 June 1994

[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14071]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD-21-1-6265; FRL-4888-3]

 

Approval and Promulgation of Air Quality Implementation Plans; 
State of Maryland-Oxygenated Gasoline Program

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 revision establishes and 
requires the implementation of an Oxygenated Gasoline Program in three 
control areas as follows: the Northeast Oxygenated Gasoline Control 
Area--comprised of Cecil County which is part of the Philadelphia 
Consolidated Metropolitan Statistical Area (CMSA); the Baltimore 
Oxygenate Gasoline Control Area--comprised of Baltimore City and the 
counties of Anne Arundel, Baltimore, Carroll, Harford, Howard, and 
Queen Anne's, all of which are included in the Baltimore Metropolitan 
Statistical Area (MSA); and the Washington Oxygenated Gasoline Control 
Area--comprised of the counties of Calvert, Charles, Frederick, 
Montgomery, and Prince George's, which comprise the Maryland portion of 
the Washington, DC MSA. The intended effect of this action is to 
approve these regulations to satisfy the requirements of the Clean Air 
Act as amended by the Clean Air Act Amendments of 1990 (the Act). This 
action is being taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on July 11, 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; Air and Radiation Docket (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: Catherine L. Magliocchetti, (215) 597-
6863 at the EPA address indicated in the Addresses section.

SUPPLEMENTARY INFORMATION: On December 14, 1993, (58 FR 65309), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Maryland. The NPR proposed approval of an Oxygenated Gasoline Program 
in the State of Maryland. A formal SIP revision was submitted by the 
State of Maryland on November 13, 1992.
    Specific requirements of the Oxygenated Gasoline Program and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No comments were received on the NPR.

Final Action

    EPA is approving the SIP revision submitted by the State of 
Maryland on November 13, 1992, which implements an Oxygenated Gasoline 
Program in the State. The SIP revision consists of revisions to Code of 
Maryland Regulations (COMAR) 03.03.05, and COMAR 26.11.13 and new 
regulations codified at COMAR 03.03.06 and COMAR 26.11.20. 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 was originally classified as a Table 2 action for 
signature by the Acting Regional Administrator under the procedures 
published in the Federal Register on January 19, 1989 (54 FR 2214-
2225). However, in an October 4, 1993 memorandum, the Acting Assistant 
Administrator for Air and Radiation, Michael H. Shapiro, revised these 
SIP tables so that Table 2 final actions on which no adverse comments 
were received on the proposed rule may be delegated to Table 3 actions. 
No comments were received concerning this action; therefore, under the 
new guidelines, this final action may be classified as a Table 3 
action. On January 6, 1989, the Office of Management and Budget (OMB) 
waived Table 2 and Table 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for a period of two years. The USEPA 
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 USEPA's request. This request is still applicable 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 to approve Maryland's Oxygenated 
Gasoline Program 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) of the Clean Air Act.)

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: May 13, 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)(101) and by 
removing and reserving paragraph (c)(88) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (101) Revisions to the State of Maryland Regulations Oxygenated 
Gasoline Program regulations submitted on November 13, 1992 by the 
Maryland Department of the Environment. Effective date October 26, 
1992.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992 from the Maryland Department of the 
Environment transmitting Oxygenated Gasoline Program regulations.
    (B) The following State of Maryland regulations effective October 
26, 1992:

    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and 
Volatile Organic Compound Storage and Handling).
    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of 
Gasoline and Volatile Organic Compound Storage and Handling).
    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel 
Inspection).
    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
    (ii) The remainder of the November 13, 1992 submittal.
[FR Doc. 94-14071 Filed 6-9-94; 8:45 am]
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