[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Proposed Rules]
[Pages 6028-6030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1596]
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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.
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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. Http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
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 http://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 http://
www.regulations.gov or e-mail. The http://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 http://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
http://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 http://
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 [email protected].
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]
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