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

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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