Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds From Sources That Store and Handle Jet Fuel

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD068-3027a; FRL-6144-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Control of Volatile Organic Compounds From Sources That Store

and Handle Jet Fuel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 volatile organic compound (VOC) emission control requirements

for sources that store or handle jet fuel. The intended effect of this

action is to approve revisions to COMAR 26.11.13 into the Maryland SIP

in accordance with the Clean Air Act.

DATES: This final rule is effective October 26, 1998 unless within

September 25, 1998, adverse or critical comments are received. If EPA

receives such comment, EPA will publish a timely withdrawal in the

Federal Register informing the public that the rule will not take

effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and

Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection

Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the Air Protection

Division, U.S. Environmental Protection Agency, Region III, 1650 Arch

Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket

and Information Center, 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: Kristeen Gaffney at (215) 814-2092, or

by e-mail at [email protected]. While information may be

requested via e-mail, comments must be submitted in writing to the

above EPA Region III address.

SUPPLEMENTARY INFORMATION: On March 31, 1998, the State of Maryland

submitted a formal revision to its SIP, which consists of amendments to

existing state regulation COMAR 26.11.13, the ``Control of Gasoline and

Volatile Organic Compound Storage and Handling.'' The purpose of the

amendments to COMAR 26.11.13 are to establish VOC emission control

requirements on sources that store and handle jet fuel. This revision

was submitted to satisfy the requirements of sections 182 and 184 of

the Clean Air Act to implement reasonably available control technology

(RACT) on major sources of VOCs.

Summary of the SIP Revision

The provisions COMAR 26. 11.13 are the control requirements of VOC

emissions from gasoline and VOC storage tanks. COMAR 26. 11.13 was

amended to also apply to any source which handles or stores jet fuel.

Sources handling or storing jet fuel were not previously subject to

regulation 26.11.13. Jet fuel, also known as JP-4, has similar

volatility properties as gasoline, is a significant source of VOC

emissions and is stored and used at several major sources in Maryland.

The purpose of these amended revisions is to apply controls

constituting RACT on sources that store and handle jet fuel.

Formerly COMAR 26.11.13 only applied to sources that stored VOCs or

gasoline. Gasoline was defined in COMAR 26.11.13 under section .01,

``Definitions'', as ``* * * fuel used for internal combustion

engines''. The amended language in the rule consists entirely of a

change to the definition of gasoline under section .01. The definition

for the term ``gasoline'' found at 26.11.13.01 (B)(4) has been revised

to read: ``Gasoline means a petroleum distillate or alcohol, or their

mixtures, having a true vapor pressure within the range of 1.5 to 11

pounds per square inch absolute (psia) (10.3 to 75.6 kilonewton/square

meter) that is used as fuel for internal combustion engines or

aircraft.'' This is the only provision that was changed in the rule in

the March 31, 1998 SIP submittal.

COMAR 26.11.13 applies statewide. All provisions of Rule 26.11.13

related to emission control requirements, monitoring, compliance,

record-keeping, test methods now apply to sources that store and handle

jet fuel. A summary of these provisions follows:

Requirements for large closed top storage tanks: Tanks must be

equipped with gas-tight gauges and sampling devices and either: an

internal floating roof with a primary and secondary seal; a pressure

tank system that maintains pressure at all times; or a vapor control

system to collect and dispose vapors. Seals must be checked and

maintained in good condition. Visual inspections of the internal

floating roof and seals must

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be performed annually. All findings must be recorded. The Maryland

Department of the Environment (MDE) shall be notified of any internal

tank inspections at least 15 days prior to the inspection.

Requirements for large open top storage tanks: Open top tanks are

prohibited for gasoline or VOCs with vapor pressures that exceed 11

psia. Open top tanks with a capacity greater than or equal to 40,000

gallons must be equipped with an external floating roof with a primary

and secondary seal and roof drains. Seals must be checked and

maintained in good condition. Semiannual visual inspections of the

primary and secondary seals must be performed. The total secondary seal

gap must be determined annually. All findings must be recorded. The MDE

shall be notified of any tank inspections at least 15 days prior to the

inspection. Records of all inspections, repairs and the average monthly

storage temperature and throughput must be maintained for two years.

Requirements for bulk gasoline terminals: The loading system must

be equipped with a vapor control system to collect and control at least

90% of vapors from the loading rack. The vapor control system and the

gasoline loading equipment must assure that the gasoline tank truck

pressure does not exceed 18 inches of water and vacuum does not exceed

6 inches of water. The vapor control system must be tested every 5

years, between May and September for leak-tight conditions. MDE must be

notified in advance of all tests and receive a copy of the test

results.

Requirements for bulk gasoline plants with a daily throughput of

greater than or equal to 4,000 gallons: The loading rack must be

equipped with a vapor balance system and a top submerged or bottom

loading system. The vapor control system and the gasoline loading

equipment must assure that the gasoline tank truck pressure does not

exceed 18 inches of water and vacuum does not exceed 6 inches of water.

All tank truck loading and transfer should be equipped with a vapor

balance line.

Requirements for small storage tanks: Small storage tanks are

defined as those with a capacity greater than or equal to 2,000 gallons

but less than or equal to 40,000 gallons built before May 8, 1991; or

with a capacity greater than or equal to 250 gallons but less than or

equal to 40,000 gallons built after May 8, 1991. Loading systems

between tanks and tank trucks must be equipped with a vapor balance

line.

Requirements for gasoline tank trucks: Tank trucks must be

certified as capable of sustaining a pressure change of not more than 3

inches of water in five minutes when pressurized to a gauge pressure of

18 inches of water, or evacuated to a gauge pressure of six inches of

water. Certification tests must be performed annually and any repairs

must be completed and retested within 15 days of the original test. The

certification test expiration date must be displayed on all gasoline

tank trucks.

General standards: A person may not load any gasoline or VOC with a

total vapor pressure of 1.5 psia or greater into any truck or railroad

car unless the loading connections are equipped with leak-proof

fittings that close automatically on disconnection. Equipment must be

maintained and operated in a manner to prevent liquid leaks during

loading or unloading.

EPA has determined that the control requirements of COMAR 26.11.13

constitutes an acceptable level of RACT on major sources that store and

handle jet fuel, a known VOC. EPA is approving this rule without prior

proposal because the Agency views this as a noncontroversial amendment

and anticipates no adverse comments. However, in the proposed rules

section of this Federal Register publication, EPA is publishing a

separate document that will serve as the proposal to approve the SIP

revision should adverse or critical comments be filed. This rule will

be effective October 26, 1998 without further notice unless by

September 25, 1998, adverse or critical comments are received. If EPA

receives such comments, then EPA will publish a timely withdrawal of

the direct final rule and informing the public that the rule will not

take effect. All public comments received will then be addressed in a

subsequent final rule based on the proposed rule. EPA will not

institute a second comment period on this rule. Only parties interested

in commenting on this action should do so at this time. If no such

comments are received, the public is advised that this rule will be

effective on October 26, 1998 and no further action will be taken on

the proposed rule.

Final Action

EPA is approving the revisions to COMAR 26.11.13 submitted by the

State of Maryland on March 31, 1998 as a revision to the Maryland SIP.

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.

Administrative Requirements

A. Executive Order 12866 and 13045

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review. The final rule is not subject

to E.O. 13045, entitled ``Protection of Children from Environmental

Health Risks and Safety Risks,'' because it is not an ``economically

significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and

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advising any small governments that may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action to approve revisions to COMAR 26.11.13

relating to RACT for sources that store and handle jet fuel into the

Maryland SIP must be filed in the United States Court of Appeals for

the appropriate circuit by October 26, 1998. 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, Ozone, Reporting and recordkeeping

requirements.

Dated: August 5, 1998.

Thomas C. Voltaggio,

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 et seq.

Subpart V--Maryland

2. Section 52.1070 is amended by adding paragraph (c)(130) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(130) Revisions to the Maryland State Implementation Plan submitted

on March 31, 1998 by the Maryland Department of the Environment.

(i) Incorporation by reference.

(A) Letter of March 31, 1998 from the Maryland Department of the

Environment transmitting revisions to Maryland's air quality regulation

COMAR 26.11.13, pertaining to the control of VOC emissions from sources

that store and handle jet fuel adopted by the Secretary of the

Environment on March 28, 1997 and effective August 11, 1997.

(B) Revisions to COMAR 26.11.13.01(B)(4) the definition of

``gasoline.''

(ii) Additional Material: Remainder of March 31, 1998 Maryland

State submittal pertaining to COMAR 26.11.13 control of VOCs from

sources that store and handle jet fuel.

[FR Doc. 98-22795 Filed 8-25-98; 8:45 am]

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