Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From AIM Coatings, 47757-47759 [05-16111]
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
bundles containing fewer than six
pieces (low-volume bundles) must be
claimed at the basic rate. Low-volume
bundles are permitted only when they
are sacked or prepared on pallets under
these conditions:
a. Place 5-digit and 3-digit bundles in
only 5-digit scheme, 5-digit, 3-digit, and
SCF sacks, as appropriate, that contain
at least 24 pieces, or in merged 3-digit
sacks that contain at least one six-piece
carrier route bundle, or in origin/entry
SCF sacks.
b. Place 5-digit and 3-digit bundles on
only merged 5-digit scheme, 5-digit
scheme, merged 5-digit, 5-digit, 5-digit
metro, 3-digit, and SCF pallets, as
appropriate.
c. Place 5-digit scheme and 3-digit
scheme bundles in only 5-digit scheme,
3-digit, and SCF sacks, as appropriate,
that contain at least 24 pieces, or in
merged 3-digit sacks that contain at least
one six-piece carrier route bundle, or in
origin/entry SCF sacks.
d. Place 5-digit scheme and 3-digit
scheme bundles on only 3-digit and SCF
pallets, as appropriate.
*
*
*
*
*
25.3
Sacking and Labeling
*
*
*
*
*
[Revise items a through d and item f
by amending sack minimum
requirements to read as follows:]
a. 5-digit scheme; required at 24
pieces, fewer pieces not permitted; may
contain 5-digit scheme bundles only;
labeling: * * *
b. 5-digit; required at 24 pieces, fewer
pieces not permitted; labeling: * * *
c. 3-digit; required at 24 pieces, fewer
pieces not permitted; labeling: * * *
d. SCF: required at 24 pieces, fewer
pieces not permitted; labeling: * * *
*
*
*
*
*
f. ADC: required at 24 pieces, fewer
pieces not permitted; labeling: * * *
*
*
*
*
*
708
Technical Specifications
*
*
*
*
[Revise Exhibit 6.1.4 by adding new
content identifier numbers to read as
follows:]
*
*
*
*
*
PER Flats—Carrier Route
*
VerDate jul<14>2003
15:36 Aug 12, 2005
ENVIRONMENTAL PROTECTION
AGENCY
*
40 CFR Part 52
*
*
*
*
merged 3-digit sacks 322 PER FLTS
CR/5D/3D
*
*
*
*
*
PER Irregular Parcels—Merged Carrier
Route and Presorted
*
*
*
*
*
merged 3-digit sacks 390 PER IRREG
CR/5D/3D
*
*
*
*
*
PER Irregular Parcels—Carrier Route
*
*
*
*
*
5-digit carrier routes sacks
396 PER IRREG 5D CR–RTS
*
*
*
*
*
3-digit carrier routes sacks 390 PER
IRREG 3D CR–RTS
*
*
*
*
*
NEWS Flats—Carrier Route
*
*
*
*
*
5-digit carrier routes
sacks 486 NEWS FLTS 5D CR–RTS
*
*
*
*
*
3-digit carrier routes
sacks 486 NEWS FLTS 3D CR–RTS
*
*
*
*
*
NEWS Flats—Merged Carrier Route,
Automation, and Presorted
*
*
*
*
*
merged 3-digit sacks 422 NEWS
FLTS CR/5D/3D
*
*
*
*
*
NEWS Irregular Parcels—Merged
Carrier Route and Presorted
*
*
*
*
*
merged 3-digit sacks 490 NEWS
IRREG CR/5D/3D
*
*
*
*
*
*
6.1.4 3–Digit Content Identifier
Numbers
*
*
*
*
5-digit carrier routes sacks 386
FLTS 5D CR–RTS
*
*
*
*
*
3-digit carrier routes sacks 386
FLTS 3D CR–RTS
*
*
*
*
*
PER Flats—Merged Carrier Route,
Automation, and Presorted
NEWS Irregular Parcels—Carrier Route
*
PER
PER
Jkt 205001
47757
*
*
*
*
5-digit carrier routes
sacks 496 NEWS IRREG 5D CR–RTS
*
*
*
*
*
3-digit carrier routes
sacks 490 NEWS IRREG 3D CR–RTS
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes if the proposal is adopted.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 05–16200 Filed 8–12–05; 8:45 am]
BILLING CODE 7710–12–P
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[R03–OAR–2005–MD–0011; FRL–7952–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of VOC Emissions From AIM Coatings
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Maryland. This revision pertains to the
amendments of controlling volatile
organic compound (VOC) emissions
from architectural and industrial
maintenance (AIM) coatings in
Maryland. This action is being taken
under the Clean Air Act (CAA or the
Act).
Written comments must be
received on or before September 14,
2005.
DATES:
Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–MD–0011 by one of the following
methods:
A. Federal eRulemaking Portal: http:/
/www.regulations.gov. Follow the online instructions for submitting
comments.
B. Agency Web site: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03–OAR–2005–MD–0011,
David Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. 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
RME ID No. R03–OAR–2005–MD–0011.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.docket.epa.gov/rmepub/,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
ADDRESSES:
E:\FR\FM\15AUP1.SGM
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47758
Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov Web
sites are 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
e-mail comment directly to EPA without
going through RME or 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 RME
index at https://www.docket.epa.gov/
rmepub/. 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 RME 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.
Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
On March
15, 2005, the Maryland Department of
the Environment (MDE) submitted a
revision to its SIP. The SIP revision
consists of amendments to Regulations
.06, .10, and .12; repeal of existing
Regulation .13; and adoption of new
Regulation .13 under COMAR 26.11.33
Architectural Coatings.
SUPPLEMENTARY INFORMATION:
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15:36 Aug 12, 2005
Jkt 205001
I. Background
On March 19, 2004, MDE submitted a
regulation establishing standards to
reduce VOC emissions from AIM
coatings in Maryland. These standards
were based on a regional model rule
developed by an Ozone Transport
Commission (OTC) workgroup
consisting of several states, including
Maryland. EPA published a proposed
rulemaking of the Maryland AIM
coatings rule on May 25, 2004 (69 FR
29674), and the final rulemaking on
May 12, 2005 (70 FR 24979) with an
effective date of June 13, 2005.
II. Summary of SIP Revision
To provide consistency with similar
regulations adopted by the other states
in the Ozone Transport Region (OTR),
MDE submitted amendments to COMAR
26.11.33 Architectural Coatings. The
amendments are:
1. Addition of four industrial coatings
to the list of specific coatings that are
excluded from applying the most
restrictive VOC limit in Regulation .06B:
calcimine recoaters, impacted
immersion coatings, nuclear coatings,
and thermoplastic rubber coating and
mastic. Regulation .06A requires the
application of the most restrictive VOC
limit to a coating that satisfies the
definition for more than one coating or
for different applications.
2. Remove the requirement to include
on the label that conversion varnishes
are to be used only by professionals.
Conversion varnish is a specially
formulated coating made available to
professionals that are involved with the
coating or recoating of hardwood floors.
3. The requirement for coating
manufacturers to submit annual reports
on the volume of coating sold in
Maryland has been changed to require
the information to be maintained for
five years and made available to MDE
upon request.
III. Proposed Action
EPA’s review of this material
indicates that the MDE amendments to
its AIM coatings rule are administrative
changes that will not affect VOC
reductions achieved though compliance
with the coating standards. EPA is
proposing to approve a revision to the
Maryland SIP for the amendments of
COMAR 26.11.33 submitted on March
15, 2005. 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
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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 FR 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.). 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 standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. 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 Clean Air Act. Thus, the
E:\FR\FM\15AUP1.SGM
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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Proposed Rules
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
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This proposed rule pertaining to
the amendments to the Maryland’s AIM
coatings rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 5, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05–16111 Filed 8–12–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 483
[CMS–3198–P]
RIN 0938–AN95
Medicare and Medicaid Programs;
Condition of Participation:
Immunization Standard for Long Term
Care Facilities
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The goal of this proposed rule
is to increase immunization rates in
Medicare and Medicaid participating
long term care (LTC) facilities by
requiring LTC facilities to offer each
resident immunization against influenza
annually, as well as lifetime
immunization against pneumococcal
VerDate jul<14>2003
15:36 Aug 12, 2005
Jkt 205001
disease. LTC facilities would be
required to ensure that each resident
receives an annual immunization
against influenza and receives the
pneumococcal immunization once,
unless medically contraindicated or the
resident or the resident’s legal
representative refuses immunization.
Increasing the use of Medicare-funded
preventive services is a goal of both
CMS and the Centers for Disease Control
and Prevention (CDC). This proposed
rule is intended to increase the number
of elderly receiving influenza and
pneumococcal immunization and
decrease the morbidity and mortality
rate from influenza and pneumococcal
diseases.
To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on August 30, 2005.
ADDRESSES: In commenting, please refer
to file code CMS–3198–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
three ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.cms.hhs.gov/regulations/
ecomments. (Attachments should be in
Microsoft Word, WordPerfect, or Excel;
however, we prefer Microsoft Word.)
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–3198–
P, P.O. Box 8010, Baltimore, MD 21244–
8010.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments (one
original and two copies) to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–3198–P, Mail Stop C4–26–05,
7500 Security Boulevard, Baltimore, MD
21244–1850.
4. By hand or courier. If you prefer,
you may deliver (by hand or courier)
your written comments (one original
and two copies) before the close of the
comment period to one of the following
addresses. If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
9994 in advance to schedule your
arrival with one of our staff members.
Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
DATES:
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47759
SW., Washington, DC 20201; or 7500
Security Boulevard, Baltimore, MD
21244–1850.
(Because access to the interior of the HHH
Building is not readily available to persons
without Federal Government identification,
commenters are encouraged to leave their
comments in the CMS drop slots located in
the main lobby of the building. A stamp-in
clock is available for persons wishing to
retain a proof of filing by stamping in and
retaining an extra copy of the comments
being filed.)
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Anita Panicker, (410) 786–5646. Jeannie
Miller, (410) 786–3164. Rachael
Weinstein, (410) 786–6775.
SUPPLEMENTARY INFORMATION:
Submitting Comments: We welcome
comments from the public on all issues
set forth in this rule to assist us in fully
considering issues and developing
policies. You can assist us by
referencing the file code CMS–3198–P
and the specific ‘‘issue identifier’’ that
precedes the section on which you
choose to comment.
Inspection of Public Comments: All
comments received before the close of
the comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. CMS posts all electronic
comments received before the close of
the comment period on its public Web
site as soon as possible after they have
been received. Hard copy comments
received timely will be available for
public inspection as they are received,
generally beginning approximately 3
weeks after publication of a document,
at the headquarters of the Centers for
Medicare & Medicaid Services, 7500
Security Boulevard, Baltimore,
Maryland 21244, Monday through
Friday of each week from 8:30 a.m. to
4 p.m. To schedule an appointment to
view public comments, phone 1–800–
743–3951.
I. Background
(If you choose to comment on issues in this
section, please include the caption
‘‘BACKGROUND’’ at the beginning of your
comments.)
A. General
The CDC’s Advisory Committee on
Immunization Practices (ACIP) reported
on May 28, 2004 (https://www.cdc.gov/
mmwr/preview/mmwrhtml/
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]]>Agencies
[Federal Register Volume 70, Number 156 (Monday, August 15, 2005)]
[Proposed Rules]
[Pages 47757-47759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16111]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2005-MD-0011; FRL-7952-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of VOC Emissions From AIM Coatings
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 revision pertains to
the amendments of controlling volatile organic compound (VOC) emissions
from architectural and industrial maintenance (AIM) coatings in
Maryland. This action is being taken under the Clean Air Act (CAA or
the Act).
DATES: Written comments must be received on or before September 14,
2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2005-MD-0011 by one of the following
methods:
A. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: https://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03-OAR-2005-MD-0011, David Campbell, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. 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 RME ID No. R03-OAR-2005-MD-
0011. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
https://www.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential
[[Page 47758]]
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 RME, regulations.gov or e-mail.
The EPA RME and the Federal regulations.gov Web sites are 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 e-mail comment directly to EPA without
going through RME or 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
RME index at https://www.docket.epa.gov/rmepub/. 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 RME
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: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On March 15, 2005, the Maryland Department
of the Environment (MDE) submitted a revision to its SIP. The SIP
revision consists of amendments to Regulations .06, .10, and .12;
repeal of existing Regulation .13; and adoption of new Regulation .13
under COMAR 26.11.33 Architectural Coatings.
I. Background
On March 19, 2004, MDE submitted a regulation establishing
standards to reduce VOC emissions from AIM coatings in Maryland. These
standards were based on a regional model rule developed by an Ozone
Transport Commission (OTC) workgroup consisting of several states,
including Maryland. EPA published a proposed rulemaking of the Maryland
AIM coatings rule on May 25, 2004 (69 FR 29674), and the final
rulemaking on May 12, 2005 (70 FR 24979) with an effective date of June
13, 2005.
II. Summary of SIP Revision
To provide consistency with similar regulations adopted by the
other states in the Ozone Transport Region (OTR), MDE submitted
amendments to COMAR 26.11.33 Architectural Coatings. The amendments
are:
1. Addition of four industrial coatings to the list of specific
coatings that are excluded from applying the most restrictive VOC limit
in Regulation .06B: calcimine recoaters, impacted immersion coatings,
nuclear coatings, and thermoplastic rubber coating and mastic.
Regulation .06A requires the application of the most restrictive VOC
limit to a coating that satisfies the definition for more than one
coating or for different applications.
2. Remove the requirement to include on the label that conversion
varnishes are to be used only by professionals. Conversion varnish is a
specially formulated coating made available to professionals that are
involved with the coating or recoating of hardwood floors.
3. The requirement for coating manufacturers to submit annual
reports on the volume of coating sold in Maryland has been changed to
require the information to be maintained for five years and made
available to MDE upon request.
III. Proposed Action
EPA's review of this material indicates that the MDE amendments to
its AIM coatings rule are administrative changes that will not affect
VOC reductions achieved though compliance with the coating standards.
EPA is proposing to approve a revision to the Maryland SIP for the
amendments of COMAR 26.11.33 submitted on March 15, 2005. 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 FR 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.). 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
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. Thus, the
[[Page 47759]]
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
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This proposed rule pertaining to the amendments to the
Maryland's AIM coatings rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 5, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-16111 Filed 8-12-05; 8:45 am]
BILLING CODE 6560-50-P
