45890 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 

Congress and to the Comptroller General 

of the United States. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 2, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: April 29, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(109) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(109) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on October 

31, 2012. 

(i) Incorporation by reference. 

(A) Connecticut Trading Agreement 

and Order No. 8187, Modification 1 

issued to PSEG Power Connecticut LLC 

on July 16, 2012. 

(B) Connecticut Trading Agreement 

and Order No. 8242, Modification 1 

issued to PSEG Power Connecticut LLC 

on July 16, 2012. 

■ 3. In § 52.385, Table 52.385 is 

amended by adding new entries to an 

existing state citation for 22a–174–22 to 

read as follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut State 

citation Title/Subject 

Dates 

Federal Register 

citation 

Section 

52.370 Comments/Description Date adopted 

by State 

Date approved 

by EPA 

*******

22a–174–22 ......... Control of Nitrogen Oxides 

emissions.

7/16/12 8/3/15 [Insert Federal 

Register page 

number where 

the document 

begins].

(c)(109) .. Connecticut Trading Agreement and 

Order No. 8187, Modification 1. 

22a–174–22 ......... Control of Nitrogen Oxides 

emissions.

7/16/12 8/3/15 [Insert Federal 

Register page 

number where 

the document 

begins].

(c)(109) .. Connecticut Trading Agreement and 

Order No. 8242, Modification 1. 

* * * * * * * 

[FR Doc. 2015–18872 Filed 7–31–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0854; FRL–9931–54– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendments to the Control 

of Gasoline and Volatile Organic 

Compound Storage and Handling 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Maryland State Implementation Plan 

(SIP). The revision pertains to 

amendments to Code of Maryland 

Regulation (COMAR) 26.11.13, Control 

of Gasoline and Volatile Organic 

Compound Storage and Handling. The 

amendments consist of establishing an 

alternative and equivalent method of 

transfer of high pressure materials as 

well as changing incorrect references in 

regulations .04 and .05. EPA is 

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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45891 

approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on October 

2, 2015 without further notice, unless 

EPA receives adverse written comment 

by September 2, 2015. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0854 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0854, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted 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–2014– 

0854. 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, 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 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 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 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 the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 8, 2014, Maryland 

submitted a formal revision (#14–05) to 

its State Implementation Plan (SIP). The 

SIP revision consists of amendments to 

COMAR 26.11.13, Control of Gasoline 

and Volatile Organic Compound Storage 

and Handling. The amendments consist 

of establishing an alternative and 

equivalent method of transfer of high 

pressure materials as well as changing 

incorrect references in regulations .04 

and .05. 

II. Summary of SIP Revision 

COMAR 26.11.13, Control of Gasoline 

and Volatile Organic Compound Storage 

and Handling, provides regulations that 

control the emissions of volatile organic 

compounds (VOCs) from the storage and 

handling of substances containing 

VOCs. The October 8, 2014 SIP 

submittal includes corrections to 

references found within sections .04 and 

.05 of COMAR 26.11.13. The corrected 

references add an update regarding the 

technical memorandum referenced in 

the sections. Maryland updated its 

citation to Test Methods and Equipment 

Specifications for Stationary Sources for 

both Sections .04 and .05 by adding a 

reference to an update to the 

memorandum. The reference now reads 

as Test Methods and Equipment 

Specifications for Stationary Sources 

[(]January 1991[)], as amended through 

Supplement 3 (October 1, 1997). Section 

.04 was amended to establish an 

alternative and equivalent method of 

transfer of high pressure materials. 

Section .04 sets requirements for 

loading/transfer operations of high 

pressure materials (defined as having a 

pressure which exceeds 1.5 pound per 

square inch absolute (psia)). Currently 

in the State of Maryland an industry 

standard is used for the transfer of 

gasoline and fuel grade ethanol 

products. The industry standard is 

referred to as a dry disconnect. Dry 

disconnects transfer high pressure 

materials and upon disconnection, they 

immediately close to prevent the release 

of VOCs or high pressure material. 

Currently, there is no industry standard 

for the loading/transfer of other high 

pressure materials outside of gasoline 

and fuel grade ethanol. Because there is 

a lack of industry standard for the 

transfer of other high pressure materials, 

this SIP revision provides amendments 

to establish alternative and equivalent 

compliance procedures for the transfer 

of other high pressure materials. 

The alternative compliance 

procedures include the use of an 

overhead loading rack that would 

transfer the high pressure materials from 

a railroad tank car to a tank truck or vice 

versa. This would also require the 

utilization of spill control equipment, 

such as spill pans, that would prevent 

the leak of high pressure material during 

post loading disconnection. In addition 

to this system one of the following 

measures must also be used: Walking 

the hose clear of material, using a pump 

to clean the line of material, or using an 

inert gas to clean the material from the 

hose. 

III. Final Action 

EPA is approving amendments to 

COMAR 26.11.13, Control of Gasoline 

and Volatile Organic Compound Storage 

and Handling, which include 

establishing an alternative and 

equivalent method of transfer of high 

pressure materials as well as changing 

incorrect references in regulations .04 

and .05. EPA is publishing this rule 

prior to proposal because EPA views 

this as a noncontroversial amendment 

and anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

October 2, 2015 without further notice 

unless EPA receives adverse comment 

by September 2, 2015. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

mstockstill on DSK4VPTVN1PROD with RULES

45892 Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of COMAR 

26.11.13. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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 action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 2, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. 

This action which approves changes 

to COMAR 26.11.13 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 20, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising entries for 

‘‘26.11.13.04’’ and ‘‘26.11.13.05’’ to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Rules and Regulations 45893 

EPA–APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP

Code of Maryland Administrative Regulations 

(COMAR) citation 

Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

citation at 40 CFR 52.1100 

*******

26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling 

*******

26.11.13.04 .................... Loading Operations ...... 5/28/14 8/3/15, [Insert Federal 

Register citation].

Addition of alternative compliance procedure and 

administrative changes. 

26.11.13.05 .................... Gasoline Leaks from 

Tank Trucks.

5/28/14 8/3/15, [Insert Federal 

Register citation].

Administrative changes. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–18828 Filed 7–31–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 2 

RIN 1090–AB10 

[156D0102DM/DS10700000/

DMSN00000.000000/DX.10701.CEN00000] 

Privacy Act Regulations; Exemption 

for the Indian Arts and Crafts Board 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Interior is issuing a final rule to amend 

its regulations to exempt certain records 

in the Indian Arts and Crafts Board 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative law 

enforcement requirements. 

DATES: This final rule is effective 

September 2, 2015. 

FOR FURTHER INFORMATION CONTACT: Teri 

Barnett, Departmental Privacy Officer, 

U.S. Department of the Interior, 1849 C 

Street NW., Mail Stop 5547 MIB, 

Washington, DC 20240. Email at 

Privacy@ios.doi.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of the Interior (DOI) 

published a notice of proposed 

rulemaking in the Federal Register on 

May 14, 2015, 80 FR 27623, proposing 

to exempt certain records in the Indian 

Arts and Crafts Board system of records 

in accordance with 5 U.S.C. 552a(k)(2) 

of the Privacy Act because of criminal, 

civil, and administrative law 

enforcement requirements. The Indian 

Arts and Crafts Board system of records 

notice was published in the Federal 

Register on May 14, 2015, 80 FR 27700. 

Comments were invited on the Indian 

Arts and Crafts Board system of records 

notice and the notice of proposed 

rulemaking. DOI received no comments 

on the published system of records 

notice and one general comment on the 

notice of proposed rulemaking that 

required no revisions, and will therefore 

implement the rulemaking as proposed. 

Procedural Requirements 

1. Regulatory Planning and Review (E.O. 

12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not a significant rule and has not 

reviewed it under the requirements of 

Executive Order 12866. We have 

evaluated the impacts of the rule as 

required by E.O. 12866 and have 

determined that it does not meet the 

criteria for a significant regulatory 

action. The results of our evaluation are 

given below. 

(a) This rule will not have an annual 

effect of $100 million or more on the 

economy. It will not adversely affect in 

a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities. 

(b) This rule would not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. 

(c) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, concessions, loan programs, 

water contracts, management 

agreements, or the rights and obligations 

of their recipients. 

(d) This rule does not raise any novel 

legal or policy issues. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601, et seq.). This rule does not 

impose a requirement for small 

businesses to report or keep records on 

any of the requirements contained in 

this rule. The exemptions to the Privacy 

Act apply to individuals, and 

individuals are not covered entities 

under the Regulatory Flexibility Act. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments in the aggregate, or 

on the private sector, of more than $100 

million per year. The rule does not have 

a significant or unique effect on State, 

local, or tribal governments or the 

private sector. This rule makes only 

minor changes to 43 CFR part 2. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This rule makes 

only minor changes to 43 CFR part 2. A 

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