**ENVIRONMENTAL PROTECTION AGENCY**

**40 CFR Part 52**

**\[EPA-R03-OAR-2007-1000; FRL- \]**

**Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of Volatile Organic Compound
Emissions from Portable Fuel Containers**

**AGENCY**: Environmental Protection Agency (EPA).

**ACTION:** Proposed rule.

**SUMMARY:** EPA is proposing to approve a State Implementation Plan
(SIP) revision submitted by the State of Maryland. This SIP revision
pertains to the control of emissions of volatile organic compounds from
portable fuel containers. This action is being taken under the Clean Air
Act (CAA).

**DATES:** Written comments must be received on or before \[[insert date
30 days from date of publication]{.underline}\].

**ADDRESSES:** Submit your comments, identified by Docket ID Number
**EPA- R03-OAR-2007-1000** by one of the following methods:

A.  [www.regulations.gov]{.underline}. Follow the on-line instructions
    for submitting comments.

B. E-mail: <fernandez.cristina@epa.gov>

C. Mail: EPA- R03-OAR-2007-1000, Cristina Fernandez, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previously-listed EPA Region III address. Such
deliveries are only accepted during the Docket=s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

***Instructions:*** Direct your comments to Docket ID No.
**EPA-R03-OAR-2007-1000**. EPA\'s policy is that all comments received
will be included in the public docket without change, and may be made
available online at [www.regulations.gov]{.underline}, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
[www.regulations.gov]{.underline} or e-mail. The
[www.regulations.gov]{.underline} website is an Aanonymous access@
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.

***Docket:*** All documents in the electronic docket are listed in the
[www.regulations.gov]{.underline} index. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
[www.regulations.gov]{.underline} or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of

the State submittal are available at Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland,
21230.

**FOR FURTHER INFORMATION CONTACT**: Gobeail McKinley, (215) 814‑2033,
or by e-mail at <mckinley.gobeail@epa.gov>.

**SUPPLEMENTARY INFORMATION:** On June 18, 2007, the Maryland Department
of Environment (MDE) submitted a revision to its State implementation
Plan (SIP). The SIP revision (#07-12) consists of amendments to the
control of volatile organic compound (VOC) emissions from portable fuel
containers (COMAR 26.11.13.07).

**I. Background**

A portable fuel container is defined as a container or vessel with a
nominal capacity of 10 gallons or less intended for reuse, that is
designed or used primarily for receiving, transporting, storing, and
dispensing fuel. Portable fuel containers are used to refuel a wide
range of small off-road equipment and engines. Refueling these pieces of
equipment may result in VOC emissions from gasoline spillage from either
improper handling or overfilling of the receiving tank. VOC emissions
also result from poor transportation, poor storage procedures, and
permeation of vapors through the portable fuel container itself.
Portable fuel containers incorrectly sealed will emit evaporative
emissions. This amounts to a significant amount of VOC emissions per day
in Maryland.

In 2001, Maryland adopted the portable fuel container regulation based
on the 2001 Ozone Transport Commission (OTC) Model Rule that was based
on the California Air Resources Board (CARB) rule. The OTC Portable Fuel
Container Model Rule required that spill-proof containers be made
available for sale within the state meet certain performance standards
that reduce VOC emissions. The standards, which are based upon a similar
regulation by CARB, require that nearly all portable fuel containers or
spouts or both portable fuel containers and spouts manufactured, sold or
made available for use after January 1, 2003 be spill-proof, have an
automatic shut-off feature to prevent overfilling, an automatic closing
feature so that the container will be sealed when not in use, and meet
certain permeation standards. On June 29, 2004, EPA published in the
Federal Register (69 CFR 38848), its approval of a revision to the
Maryland SIP revision that added regulation .07 under COMAR 26.11.13 to
establish VOC emission standards for portable fuel containers.

**II. Summary of SIP Revision**

Maryland's amendments to the portable fuel containers rule incorporate
the changes to the 2007 OTC Model Rule for portable fuel containers that
was based on the changes adopted by CARB in July 2006. The amendments
address the fact that the original rule did not apply to kerosene
containers which were offered for sale in place of compliant portable
fuel containers. Other amended incorporations include: modifying the
existing spout regulations in order to improve spillage control;
elimination of the fuel flow rate and fill level performance standards;

elimination of the automatic shutoff performance standard; new
containers must be certified for use and sale by the manufacturer
through CARB; and, new portable fuel container testing procedures to
streamline testing. The amendments, which includes a one-year
sell-through period, apply to any person who sells, supplies, advertises
or offers for sale, or manufactures for sale portable fuel containers
and/or spouts. Owners of portable fuel containers and/or spouts
purchased prior to the July 1, 2007 implementation date are not required
to purchase or replace the containers and/or spouts with newer compliant
fuel containers. There are no manufacturers

of portable fuel containers in Maryland.

**III. Proposed Action**

Maryland has adopted the amended version of the 2006 OTC Model Rule to
assure that the regulation achieves the estimated emissions reductions.
EPA is proposing to approve the Maryland SIP revision for the control of
VOC emissions from portable fuel containers (COMAR 26.11.13.07)
submitted on June 18, 2007. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.

**IV. Statutory and Executive Order Reviews**

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a \"significant regulatory action\" and therefore
is not subject to review by the Office of

Management and Budget. For this reason, this action is also not subject
to Executive Order 13211, \"Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use\" (66 Fed. Reg.
28355 (May 22, 2001)). This action merely proposes to approve state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 [et seq]{.underline}.). Because this rule
proposes to approve pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by state
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded Mandates
Reform Act of 1995 (Public Law 104‑4). This proposed rule also does not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely proposes to approve a
state rule implementing a Federal requirement, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This proposed rule also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves
a state rule implementing a Federal standard.

In reviewing SIP submissions, EPA=s role is to approve state choices,
provided that they meet the criteria of the CAA. In this context, in the
absence of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of the
CAA. Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729, February
7, 1996), in issuing this proposed rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct. EPA
has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings

implications of the rule in accordance with the AAttorney General=s
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings@ issued under the executive order.

This proposed rule to approve Maryland's amendments to the portable fuel
containers rule (COMAR 26.11.13.07) does not impose an information
collection burden under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 [et seq]{.underline}.).

**List of Subjects in 40 CFR Part 52**

Environmental protection, Air pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

**Authority:** 42 U.S.C. 7401 [et seq]{.underline}.

[\_\_\_\_\_November 20, 2007\_\_\_\_\_\_\_]{.underline}
[\_\_\_\_\_\_\_\_\_\_/s/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Dated: Donald S. Welsh,

Regional Administrator,

Region III.