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

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.

-----------------------------------------------------------------------

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]

BILLING CODE 6560-50-F