Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From Yeast Manufacturing, 6028-6030 [E6-1596]
Download as PDF
6028
Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules
(2) Group 2: Model C90A, serial numbers
LJ–1281 through LJ–1732.
What Is the Unsafe Condition Presented in
This AD?
(d) This AD results from receiving and
evaluating new service information that
requires the actions of AD 92–07–05 for the
added serial numbers LJ–1281 through LJ–
1732 for the Model C90A airplanes. The
actions specified in this AD are intended to
prevent water accumulation in the rudder
trim tab, which could result in a change in
the mass properties and thus result in the
lower flutter speed of the airplane. Airplane
flutter could result in failure and loss of
control of the airplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do
the following:
Actions
Compliance
Procedures
(1) For Group 1 Airplanes: Inspect the rudder
trim tab for proper moisture drainage provisions.
(2) For Group 1 Airplanes: If the correct drainage provisions do not exist, prior to further
flight, modify the rudder trim tab.
(3) For Group 2 Airplanes: Inspect the rudder
trim tab for proper moisture drainage provisions.
Within 150 hours time-in-service (TIS) after
April 30, 1992 (the effective date of AD 92–
07–05), unless already done.
Before further flight after the inspection required by paragraph (e)(1) of this AD.
Follow Beech Service Bulletin No. 2365, Revision 1, dated December 1991.
Within 150 hours time-in-service (TIS) after
the effective date of this AD, unless already
done.
(4) For Group 2 Airplanes: If the correct drainage provisions do not exist, prior to further
flight, modify the rudder trim tab.
Before further flight after the inspection required by paragraph (e)(3) of this AD.
Follow Raytheon Aircraft Company Service
Bulletin No. SB 55–2365, Revision 2,
Issued: January 1991, Revised: October
2005.
Follow Raytheon Aircraft Company Service
Bulletin No. SB 55–2365, Revision 2,
Issued: January 1991, Revised: October
2005.
May I Request an Alternative Method of
Compliance?
ENVIRONMENTAL PROTECTION
AGENCY
(f) The Manager, Wichita Aircraft
Certification Office (ACO), FAA, has the
authority to approve alternative methods of
compliance (AMOCs) for this AD, if
requested using the procedures found in 14
CFR 39.19.
(i) For information on any already
approved AMOCs or for information
pertaining to this AD, contact Steven E.
Potter, Aerospace Engineer, Wichita ACO,
FAA, 1801 Airport Road, Wichita, Kansas
67209; telephone: (316) 946–4124; facsimile:
(316) 946–4107.
(ii) AMOCs approved for AD 92–07–05 are
not approved for this AD.
May I Get Copies of the Documents
Referenced in This AD?
rmajette on PROD1PC67 with PROPOSALS1
(g) To get copies of the documents
referenced in this AD, contact Raytheon
Aircraft Company, P.O. Box 85, Wichita,
Kansas 67201–0085; telephone: (800) 429–
5372 or (316) 676–3140. To view the AD
docket, go to the Docket Management
Facility; U.S. Department of Transportation,
400 Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC, or on the
Internet at https://dms.dot.gov. The docket
number is Docket No. FAA–2005–23319;
Directorate Identifier 2005–CE–52–AD.
Issued in Kansas City, Missouri, on January
31, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–1562 Filed 2–3–06; 8:45 am]
BILLING CODE 4910–13–P
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40 CFR Part 52
[EPA–R03–OAR–2005–MD–0014; FRL–
8028–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of VOC Emissions From Yeast
Manufacturing
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by Maryland. This
revision pertains to the amendment of a
regulation that controls volatile organic
compound (VOC) emissions from yeast
manufacturing facilities. This action is
being taken under the Clean Air Act
(CAA or the Act).
DATES: Written comments must be
received on or before March 8, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2005–MD–0014 by one of the
following methods:
A. https://www.regulations.gov.
Follow the on-line instructions for
submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: EPA–R03–OAR–2005–MD–
0014, Makeba Morris, 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 previouslylisted EPA Region III address. Such
deliveries are only accepted during the
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Follow Beech Service Bulletin No. 2365, Revision 1, dated December 1991.
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–2005–
MD–0014. 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.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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
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.
E:\FR\FM\06FEP1.SGM
06FEP1
Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules
Docket: All documents in the
electronic docket are listed in the
https://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 https://
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.
Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
FOR FURTHER INFORMATION CONTACT:
On
October 31, 2005, the Maryland
Department of the Environment (MDE)
submitted a revision to the Maryland
SIP. The SIP revision consists of
amendments to COMAR 26.11.19.17—
Control of VOC Emissions from Yeast
Manufacturing.
SUPPLEMENTARY INFORMATION:
I. Background
COMAR 26.11.19.17 contains
requirements for the control of VOC
emissions from sources that
manufacture yeast. In 2004, the
regulation was amended to clarify
requirements for sources that
manufacture both nutritional yeast and
specialty yeast. The amendment
provided more flexibility for sources
that could manufacture specialty yeast
and meet VOC standards that were
developed for the lower emitting
nutritional yeast. The amendment also
included changes that made Maryland’s
regulation consistent with EPA’s
maximum achievable control
technology (MACT) standards for
nutritional yeast. In addition, the
amendment required sources to
demonstrate that the standards were met
at least 98 percent of the time for each
12-month period.
rmajette on PROD1PC67 with PROPOSALS1
II. Summary of SIP Revision
The amendments submitted on
October 31, 2005 to COMAR 26.11.19.17
are: (1) To reinstate the requirements for
non-nutritional and specialty yeast
installations to meet certain operational
requirements to minimize VOC
emissions, and (2) to clarify the 98
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15:14 Feb 03, 2006
Jkt 208001
percent compliance demonstration is a
12-month rolling average.
The amendment requires pure culture
and yeasting installations (nonnutritional and specialty yeast
installations) to monitor temperature,
pH, and sugar content of the batch to
minimize the formation and emission of
VOC. The amendment also requires
batch production information be
collected each month and that the semiannual reports submitted to MDE
include this monthly data. The semiannual report shall include: (1) A
summary of the number of batches for
each month and calculations showing
the percent of batches that met the VOC
standards for each month, and (2)
calculations showing the percent of
batches that met the VOC standards
during the previous six 12-month
rolling average periods. Affected sources
are required to meet the VOC standards
for at least 98 percent of the batches
produced during each rolling 12-month
period, beginning July 1, 2004.
III. Proposed Action
EPA is proposing to approve the
Maryland SIP revision for the
amendments to the regulation regarding
the control of VOC emissions from yeast
manufacturing facilities, which was
submitted on October 31, 2005.
Implementation of these amendments
will result in the reduction of VOC
emissions from yeast manufacturing
facilities. 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
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6029
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 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
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
Maryland’s amendments to the
regulations pertaining to the control of
VOC emissions from yeast
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6030
Federal Register / Vol. 71, No. 24 / Monday, February 6, 2006 / Proposed Rules
manufacturing facilities, 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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 26, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6–1596 Filed 2–3–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2005–0155; FRL–8028–4]
RIN 2060–AK18
National Perchloroethylene Air
Emission Standards for Dry Cleaning
Facilities
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
SUMMARY: EPA is announcing that the
comment period on the proposed
National Perchloroethylene Emission
Standards for Dry Cleaning Facilities,
published on December 21, 2005 (70 FR
75884), is being extended until March
23, 2006.
DATES: The comment period has been
extended from February 6, 2006 to on or
before March 23, 2006.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2005–0155, by one of
the following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov,
Attention Docket ID No. EPA–HQ–
OAR–2005–0155.
• Fax: (202) 566–1741, Attention
Docket ID No. EPA–HQ–OAR–2005–
0155.
• Mail: U.S. Postal Service, send
comments to: EPA Docket Center
(6102T), Attention Docket ID No. EPA–
HQ–OAR–2005–0155, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies.
• Hand Delivery: In person or by
courier, deliver comments to: EPA
Docket Center (6102T), Attention Docket
ID No. EPA–HQ–OAR–2005–0155, 1301
Constitution Avenue, NW., Room B–
108, Washington, DC 20004. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Please include a total of two copies.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2005–
0155. 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.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 https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI to
only the following address: Mr. Roberto
Morales, OAQPS Document Control
Officer, EPA (C404–02), Attention
Docket ID No. EPA–HQ–OAR–2005–
0155, Research Triangle Park, NC 27711.
Clearly mark the part or all of the
information that you claim to be CBI.
The https://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 e-mail
comment directly to EPA without going
through https://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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID No.
EPA–HQ–OAR–2005–0155, EPA West
Building, Room B–102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the EPA Docket Center is
(202) 566–1742. A reasonable fee may
be charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Ms.
Rhea Jones, EPA, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Program Design
Group, Research Triangle Park, NC
27711; telephone number (919) 541–
2940; facsimile number (919) 541–5689;
e-mail address jones.rhea@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated
Entities. Categories and entities
potentially regulated by the proposed
rule are industrial and commercial PCE
dry cleaners. The proposed rule affects
the following categories of sources:
NAICS 1
Code
Category
rmajette on PROD1PC67 with PROPOSALS1
Coin-operated Laundries and Dry Cleaners .............................................................................................
812310
Dry Cleaning and Laundry Services (except coin-operated) ...................................................................
812320
Industrial Launderers ................................................................................................................................
812332
1 North
American Industry Classification System.
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E:\FR\FM\06FEP1.SGM
06FEP1
Examples of potentially
regulated entities
Dry-to-dry machines.
Transfer machines.
Dry-to-dry machines.
Transfer machines.
Dry-to-dry machines.
Transfer machines.
Agencies
[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Proposed Rules]
[Pages 6028-6030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1596]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-MD-0014; FRL-8028-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of VOC Emissions From Yeast
Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by Maryland. This revision pertains to the amendment
of a regulation that controls volatile organic compound (VOC) emissions
from yeast manufacturing facilities. This action is being taken under
the Clean Air Act (CAA or the Act).
DATES: Written comments must be received on or before March 8, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2005-MD-0014 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: EPA-R03-OAR-2005-MD-0014, Makeba Morris, 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-
2005-MD-0014. 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.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 https://
www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://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.
[[Page 6029]]
Docket: All documents in the electronic docket are listed in the
https://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 https://
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: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On October 31, 2005, the Maryland Department
of the Environment (MDE) submitted a revision to the Maryland SIP. The
SIP revision consists of amendments to COMAR 26.11.19.17--Control of
VOC Emissions from Yeast Manufacturing.
I. Background
COMAR 26.11.19.17 contains requirements for the control of VOC
emissions from sources that manufacture yeast. In 2004, the regulation
was amended to clarify requirements for sources that manufacture both
nutritional yeast and specialty yeast. The amendment provided more
flexibility for sources that could manufacture specialty yeast and meet
VOC standards that were developed for the lower emitting nutritional
yeast. The amendment also included changes that made Maryland's
regulation consistent with EPA's maximum achievable control technology
(MACT) standards for nutritional yeast. In addition, the amendment
required sources to demonstrate that the standards were met at least 98
percent of the time for each 12-month period.
II. Summary of SIP Revision
The amendments submitted on October 31, 2005 to COMAR 26.11.19.17
are: (1) To reinstate the requirements for non-nutritional and
specialty yeast installations to meet certain operational requirements
to minimize VOC emissions, and (2) to clarify the 98 percent compliance
demonstration is a 12-month rolling average.
The amendment requires pure culture and yeasting installations
(non-nutritional and specialty yeast installations) to monitor
temperature, pH, and sugar content of the batch to minimize the
formation and emission of VOC. The amendment also requires batch
production information be collected each month and that the semi-annual
reports submitted to MDE include this monthly data. The semi-annual
report shall include: (1) A summary of the number of batches for each
month and calculations showing the percent of batches that met the VOC
standards for each month, and (2) calculations showing the percent of
batches that met the VOC standards during the previous six 12-month
rolling average periods. Affected sources are required to meet the VOC
standards for at least 98 percent of the batches produced during each
rolling 12-month period, beginning July 1, 2004.
III. Proposed Action
EPA is proposing to approve the Maryland SIP revision for the
amendments to the regulation regarding the control of VOC emissions
from yeast manufacturing facilities, which was submitted on October 31,
2005. Implementation of these amendments will result in the reduction
of VOC emissions from yeast manufacturing facilities. 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
requirement, 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 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 Maryland's amendments to the
regulations pertaining to the control of VOC emissions from yeast
[[Page 6030]]
manufacturing facilities, 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, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 26, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-1596 Filed 2-3-06; 8:45 am]
BILLING CODE 6560-50-P