Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Revised Definition of Volatile Organic Compound (VOC), 10673-10675 [E8-3392]
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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[FR Doc. E8–3388 Filed 2–27–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1157; FRL–8532–4]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Maryland; Revised Definition of
Volatile Organic Compound (VOC)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action on a revision to the Maryland
State Implementation Plan (SIP)
submitted by the Maryland Department
of Environment (MDE). The revision
allows Maryland to incorporate
prospectively EPA’s definition of
‘‘Volatile organic compounds (VOC)’’ as
amended. EPA is approving these
revisions to the Maryland SIP in
accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on April 28,
2008 without further notice, unless EPA
receives adverse written comment by
March 31, 2008. 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–2007–1157 by one of the following
methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: frankford.harold@epa.gov
C. Mail: EPA–R03–OAR–2007–1157,
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–2007–
1157. 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
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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 e-mail. 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 e-mail
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:
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 24, 2007, the State of
Maryland submitted a formal revision
(#07–11) to its SIP. The SIP revision
consists of a revised reference to the
Federal definition of ‘‘Volatile organic
compounds (VOC)’’ at 40 CFR 51.100(s)
which is found at COMAR
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10673
26.11.01.01B(53), Maryland’s definition
for ‘‘Volatile organic compound (VOC)’’.
These regulatory revisions became
effective on October 8, 2007.
II. Description of the SIP Revision
Maryland has revised COMAR
26.11.01.01B(53) to incorporate by
reference the EPA definition of VOC
found at 40 CFR 51.100(s), as amended.
Maryland’s current SIP definition of
VOC specifically references the 2004
edition of 40 CFR 51.100(s). This
wording change allows Maryland to
incorporate by reference the current and
all future revisions of 40 CFR 51.100(s)
into COMAR 26.11.01.01B(53) without
requiring a regulatory change to the
Maryland rule. Maryland states that it
can incorporate this Federal rule
prospectively as a result of a change to
section 7–207(a)(3)(iii)2, State
Government Article, Annotated Code of
Maryland, which the State enacted in
2005.
III. Final Action
EPA is approving the amendment to
COMAR 26.11.01.01B(53) as a revision
to the Maryland SIP. 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 April 28, 2008
without further notice unless EPA
receives adverse comment by March 31,
2008. 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
E:\FR\FM\28FER1.SGM
28FER1
10674
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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.).
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
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 standard, 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
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 April 28, 2008.
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 to
approve Maryland’s revised definition
of ‘‘Volatile organic compound (VOC)’’
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, Ozone, Volatile organic
compounds
Dated: February 12, 2008.
Donald S. Welsh,
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 26.11.01.01B(53) to read as
follows:
I
§ 52.1070
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Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative
regulations (COMAR)
citation
State effective date
Title/subject
26.11.01.01
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26.11.01.01B(53) .......
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40 CFR 52.1100
EPA approval date
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where the document begins].
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version of 40 CFR 51.100(s),
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Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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[FR Doc. E8–3392 Filed 2–27–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–275; MB Docket No. 02–376; RM–
10617, RM–10690]
Radio Broadcasting Services; DavisMonthan Air Force Base, Sells, and
Willcox, AZ
Federal Communications
Commission.
ACTION: Final rule; denial of petition for
reconsideration.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: The staff denied a petition for
reconsideration filed by Lakeshore
Media, LLC of a Report and Order in
this proceeding, which had denied
Lakeshore’s counterproposal and
granted a mutually exclusive allotment
of Channel 285A at Sells, Arizona. The
staff determined the counterproposal
was properly denied because the
proposed ‘‘backfill’’ of two new FM
allotments at Willcox were not adequate
substitutes for the creation of sizeable
‘‘white’’ and ‘‘gray’’ service loss areas
that would be caused by the downgrade
and reallotment of Lakeshore’s Station
KWCX–FM from Willcox to DavisMonthan Air Force Base.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, MB
Docket No. 02–376, adopted January 30,
2008 and released February 1, 2008. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or https://
www.BCPIWEB.com.
The Memorandum Opinion and Order
agreed that the Report and Order had
properly applied the Commission’s
policy of not permitting ‘‘backfill’’
vacant allotments to the facts of this
case. See 69 FR 71386 (December 9,
2004). Specifically, the proposed
relocation of Lakeshore’s station
KWCX–FM would result in the loss of
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15:40 Feb 27, 2008
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all radio service for 2,846 persons (i.e.,
a ‘‘white’’ area) and the reduction from
two to one full-time reception service
for 1,022 persons (i.e., a ‘‘gray’’ area).
Although Lakeshore argued that its
counterproposal does not create ‘‘white’’
area, as a matter of law, because the
Commission considers a vacant
allotment to prevent the creation of
‘‘white’’ area, the Memorandum
Opinion and Order disagreed, finding
that the policy of no longer permitting
‘‘backfill’’ allotments has necessarily
modified, to some extent, the
calculation of ‘‘white’’ or ‘‘gray’’ areas in
cases of operating, as opposed to
unbuilt, stations. As a result, the
potential service from new ‘‘backfill’’
allotments, existing vacant allotments,
or unbuilt construction permits will no
longer be considered in calculating the
loss of service by the reallotment of
operating stations. By way of contrast,
the traditional test of considering the
potential service from ‘‘backfill’’ or
existing vacant allotments would
continue to apply in cases involving
reallotments and changes of community
of license for unbuilt stations because
existing on-air service is not being lost.
This document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of this Memorandum
Opinion and Order to GAO, pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the petition
for reconsideration was denied.)
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E8–3703 Filed 2–27–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 07–42; FCC 07–208]
Leased Commercial Access
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the
Commission modifies the leased access
rate formula; adopts customer service
obligations that require minimal
standards and equal treatment of leased
access programmers with other
programmers; eliminates the
requirement for an independent
accountant to review leased access rates;
requires annual reporting of leased
access statistics; adopts expedited time
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10675
frames for resolution of complaints and
modifies the discovery process.
DATES: The amendments contained in
this final rule are effective as follows:
Revised § 76.970 is effective May 28,
2008 except for paragraph (j)(3) which
contains information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB). The Federal
Communications Commission will
publish a document announcing the
effective date upon OMB approval of
those collection requirements.
Section 76.972 is effective March 31,
2008 except for paragraphs (a), (b), (c),
(d), (e) and (g) which contain
information collection requirements that
have not been approved by OMB and
paragraph (f) which contains
requirements related to those
information collection requirements.
The Federal Communications
Commission will publish a document
announcing the effective date upon
OMB approval of those collection
requirements.
Amendments to § 76.975 are effective
March 31, 2008 except for paragraphs
(d), (e), (g), and (h)(4) which contain
information collection requirements that
have not been approved by OMB and
paragraphs (b), (c), and (f) which
contain requirements related to those
information collection requirements.
The Federal Communications
Commission will publish a document
announcing the effective date upon
OMB approval of those collection
requirements.
Section 76.978, as added in this rule,
contains information collection
requirements that have not been
approved by OMB. The Federal
Communications Commission will
publish a document announcing the
effective date upon OMB approval of
those collection requirements.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Room TW–A325, Washington, DC
20554. In addition to filing comments
with the Office of the Secretary, a copy
of any comments on the Paperwork
Reduction Act information collection
requirements contained herein should
be submitted to Cathy Williams, Federal
Communications Commission, Room 1–
C823, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to
PRA@fcc.gov. For additional
information, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Steven Broeckaert,
Steven.Broeckaert@fcc.gov; Katie
Costello, Katie.Costello@fcc.gov; or
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Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10673-10675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3392]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1157; FRL-8532-4]
Approval and Promulgation of Air Quality Implementation Plans;
State of Maryland; Revised Definition of Volatile Organic Compound
(VOC)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on a revision to the
Maryland State Implementation Plan (SIP) submitted by the Maryland
Department of Environment (MDE). The revision allows Maryland to
incorporate prospectively EPA's definition of ``Volatile organic
compounds (VOC)'' as amended. EPA is approving these revisions to the
Maryland SIP in accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on April 28, 2008 without further notice,
unless EPA receives adverse written comment by March 31, 2008. 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-2007-1157 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: frankford.harold@epa.gov
C. Mail: EPA-R03-OAR-2007-1157, 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 previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-1157. 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 e-mail.
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 e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov 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: 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 24, 2007, the State of Maryland submitted a formal
revision (07-11) to its SIP. The SIP revision consists of a
revised reference to the Federal definition of ``Volatile organic
compounds (VOC)'' at 40 CFR 51.100(s) which is found at COMAR
26.11.01.01B(53), Maryland's definition for ``Volatile organic compound
(VOC)''. These regulatory revisions became effective on October 8,
2007.
II. Description of the SIP Revision
Maryland has revised COMAR 26.11.01.01B(53) to incorporate by
reference the EPA definition of VOC found at 40 CFR 51.100(s), as
amended. Maryland's current SIP definition of VOC specifically
references the 2004 edition of 40 CFR 51.100(s). This wording change
allows Maryland to incorporate by reference the current and all future
revisions of 40 CFR 51.100(s) into COMAR 26.11.01.01B(53) without
requiring a regulatory change to the Maryland rule. Maryland states
that it can incorporate this Federal rule prospectively as a result of
a change to section 7-207(a)(3)(iii)2, State Government Article,
Annotated Code of Maryland, which the State enacted in 2005.
III. Final Action
EPA is approving the amendment to COMAR 26.11.01.01B(53) as a
revision to the Maryland SIP. 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 April 28, 2008 without further notice unless EPA
receives adverse comment by March 31, 2008. 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
[[Page 10674]]
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 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 standard, 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 April 28, 2008. 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 to approve Maryland's revised definition of
``Volatile organic compound (VOC)'' 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, Ozone, Volatile organic compounds
Dated: February 12, 2008.
Donald S. Welsh,
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 26.11.01.01B(53) to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective EPA approval date citation at 40 CFR
date 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.01.01B(53)................ Definitions- ........... 02/28/08 [Insert Definition reflects
definition of page number where the current version
Volatile organic the document of 40 CFR
compound (VOC). begins]. 51.100(s), as
amended.
* * * * * * *
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[[Page 10675]]
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[FR Doc. E8-3392 Filed 2-27-08; 8:45 am]
BILLING CODE 6560-50-P