Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From Yeast Manufacturing, 16237-16239 [06-3106]

Download as PDF Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Dated: March 21, 2006. William Early, Acting Regional Administrator, Region III. I * Subpart NN—Pennsylvania 40 CFR part 52 is amended as follows: 2. In § 52.2020, the table in paragraph (d)(1) is amended by adding the entries I State effective date Name of source Permit No. County * * The International Metals Reclamation Co. * OP 37–243 .......... * Lawrence ............. * 8/9/00 Petrowax PA, Inc ............................... PA 61–020 ........... Venango .............. 1/2/96 * * * * * [FR Doc. 06–3105 Filed 3–30–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2005–MD–0014; FRL– 8051–7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of VOC Emissions From Yeast Manufacturing Environmental Protection Agency (EPA). ACTION: Final rule. hsrobinson on PROD1PC61 with RULES AGENCY: SUMMARY: EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to the amendments of a regulation that controls volatile organic compound (VOC) emissions from yeast manufacturing facilities. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA or Act). DATES: This final rule is effective on May 1, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2005–MD– 0014. All documents in the docket are listed in the https://www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other VerDate Aug<31>2005 14:51 Mar 30, 2006 Jkt 208001 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 through https:// www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 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: I. Background On February 6, 2006 (71 FR 6028), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. The NPR proposed approval of the amendments to control VOC emissions from yeast manufacturing facilities, COMAR 26.11.19.17. The formal SIP revision was submitted by the Maryland Department of the Environment on October 31, 2005. II. Summary of SIP Revision The amendments 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 PO 00000 Frm 00045 Fmt 4700 for The International Metal Reclamation Co. and Petrowax PA, Inc. at the end of the table to read as follows: § 52.2020 Authority: 42 U.S.C. 7401 et seq. Sfmt 4700 16237 Identification of plan. * * (d) * * * (1) * * * * EPA approval date * 3/31/06 [Insert page number where the document begins]. 3/31/06 [Insert page number where the document begins]. * Additional explanation/ § 52.2063 citation * 52.2020(d)(1)(m). 52.2020(d)(1)(m). demonstration is a 12-month rolling average. Other specific requirements of COMAR 26.11.19.17 and the rationale for EPA’s proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving the amendments to the control of VOC emissions from yeast manufacturing facilities, COMAR 26.11.19.17, submitted on October 31, 2005, as a revision to the Maryland SIP. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this 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 approves 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 E:\FR\FM\31MRR1.SGM 31MRR1 16238 Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not have tribal implications because it will 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). This action also does not have Federalism implications because it does not 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). This action merely approves 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 rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (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. This 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.). appropriate circuit by May 30, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to Maryland’s amendments to the control of VOC emissions from yeast manufacturing facilities, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) B. Submission to Congress and the Comptroller General List of Subjects in 40 CFR Part 52 The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review 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 Environmental protection, Air pollution control, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 21, 2006. William Early, Acting Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entry for COMAR 26.11.19.17 to read as follows: I § 52.1070 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation * COMAR 26.11.19 ......... * COMAR 26.11.19.17 .... hsrobinson on PROD1PC61 with RULES * VerDate Aug<31>2005 State effective date Title/subject * * * * Volatile Organic Compounds from Specific Sources 15:58 Mar 30, 2006 * Jkt 208001 PO 00000 9/12/05 * Frm 00046 Fmt 4700 Sfmt 4700 * * * * 03/31/06 [Insert page number where the document begins]. * * * * * Control of Volatile Organic Compound Emissions from Yeast Manufacturing. * Additional explanation/ citation at 40 CFR 52.1100 EPA approval date * E:\FR\FM\31MRR1.SGM * 31MRR1 Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations * * * * * [FR Doc. 06–3106 Filed 3–30–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2006–0151; FRL–8051–6] Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Revised Definition of Volatile Organic Compounds Environmental Protection Agency (EPA). ACTION: Direct final rule. hsrobinson on PROD1PC61 with RULES AGENCY: SUMMARY: EPA is taking direct final action on revisions to the Maryland State Implementation Plan (SIP) submitted by the Maryland Department of Environment (MDE). The revisions update the SIP’s reference to the EPA definition of volatile organic compounds (VOC). EPA is approving these revisions to the State of Maryland’s SIP in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on May 30, 2006 without further notice, unless EPA receives adverse written comment by May 1, 2006. 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 R03– OAR–2006–0151 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: frankford.harold@epa.gov. C. Mail: EPA–R03–OAR–2006–0151, Harold A. Frankford, Office of Air Programs, Mailcode 3AP20, 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–2006– 0151. 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 VerDate Aug<31>2005 14:51 Mar 30, 2006 Jkt 208001 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. 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: Harold A. Frankford at (215) 814–2108, or by e-mail at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: I. Summary of SIP Revisions On October 31, 2005, the State of Maryland submitted a formal revision (No. 05–05) to its SIP. The SIP revision consists of a revised reference to the Federal definition of VOC at 40 CFR 51.100(s) which is found at COMAR 26.11.01.01B(53), Maryland’s definition PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 16239 for ‘‘volatile organic compounds (VOC)’’. These regulatory revisions became effective on September 12, 2005. II. Description of the SIP Revision Maryland has amended COMAR 26.11.01.01B(53) to update the Federal reference for incorporation of the EPA definition of VOC found at 40 CFR 51.100(s) from the 2002 edition (the currently SIP-approved version) to the 2004 edition of the Code of Federal Regulations (CFR). III. Final Action EPA is approving revisions to COMAR 26.11.01.01B(53) of the Maryland SIP to update the references to the EPA definition of VOC found at 40 CFR 51.100(s) in effect as of 12/31/ 2004. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment since the revisions are administrative changes to the state regulations. 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 May 30, 2006 without further notice unless EPA receives adverse comment by May 1, 2006. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal 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. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Rules and Regulations]
[Pages 16237-16239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3106]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-MD-0014; FRL-8051-7]


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision pertains to the 
amendments of a regulation that controls volatile organic compound 
(VOC) emissions from yeast manufacturing facilities. EPA is approving 
this SIP revision in accordance with the Clean Air Act (CAA or Act).

DATES: This final rule is effective on May 1, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-MD-0014. All documents in the docket are listed 
in the https://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through https://
www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. 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:

I. Background

    On February 6, 2006 (71 FR 6028), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of the amendments to control VOC emissions from yeast 
manufacturing facilities, COMAR 26.11.19.17. The formal SIP revision 
was submitted by the Maryland Department of the Environment on October 
31, 2005.

II. Summary of SIP Revision

    The amendments 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.
    Other specific requirements of COMAR 26.11.19.17 and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving the amendments to the control of VOC emissions 
from yeast manufacturing facilities, COMAR 26.11.19.17, submitted on 
October 31, 2005, as a revision to the Maryland SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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

[[Page 16238]]

significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also 
does not have tribal implications because it will 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). This action also does not have Federalism 
implications because it does not 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). This action merely approves 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 rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. This 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.).

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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 May 30, 2006. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action pertaining to Maryland's amendments to the 
control of VOC emissions from yeast manufacturing facilities, 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, Ozone, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: March 21, 2006.
William Early,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR 26.11.19.17 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State
  Code of Maryland administrative          Title/subject           effective             EPA approval  date          Additional explanation/ citation at
   regulations (COMAR) citation                                      date                                                       40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
COMAR 26.11.19....................                                    Volatile Organic Compounds from Specific Sources
 
                                                                      * * * * * * *
COMAR 26.11.19.17.................  Control of Volatile                9/12/05  03/31/06 [Insert page number where
                                     Organic Compound                            the document begins].
                                     Emissions from Yeast
                                     Manufacturing.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 16239]]

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[FR Doc. 06-3106 Filed 3-30-06; 8:45 am]
BILLING CODE 6560-50-P
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