76854 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

R336.1817 Emission limitations and 

restrictions for Portland cement kilns. 

(i) Incorporation by reference. The 

following sections of the Michigan 

Administrative Code are incorporated 

by reference. 

(A) R336.1802 Applicability under 

oxides of nitrogen budget trading 

program, effective May 20, 2004. 

(B) R336.1803 Definitions for oxides 

of nitrogen budget trading program, 

effective December 4, 2002. 

(C) R336.1804 Retired unit exemption 

from oxides of nitrogen budget trading 

program, effective May 20, 2004. 

(D) R336.1805 Standard requirements 

of oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(E) R336.1806 Computation of time 

under oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(F) R336.1807 Authorized account 

representative under oxides of nitrogen 

budget trading program, effective 

December 4, 2002. 

(G) R336.1808 Permit requirements 

under oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(H) R336.1809 Compliance 

certification under oxides of nitrogen 

budget trading program, effective 

December 4, 2002. 

(I) R336.1810 Allowance allocations 

under oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(J) R336.1811 New source set-aside 

under oxides of nitrogen budget trading 

program, effective May 20, 2004. 

(K) R336.1812 Allowance tracking 

system and transfers under oxides of 

nitrogen budget trading program, 

effective December 4, 2002. 

(L) R336.1813 Monitoring and 

reporting requirements under oxides of 

nitrogen budget trading program, 

effective December 4, 2002. 

(M) R336.1814 Individual opt-ins 

under oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(N) R336.1815 Allowance banking 

under oxides of nitrogen budget trading 

program, effective December 4, 2002. 

(O) R336.1816 Compliance 

supplement pool under oxides of 

nitrogen budget trading program, 

effective December 4, 2002. 

(P) R336.1817 Emission limitations 

and restrictions for Portland cement 

kilns, effective December 4, 2002.

§ 52.1218 [Amended]

■ 3. Section 52.1218 is amended by 

removing and reserving paragraph (a).

[FR Doc. 04–27983 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[MD170–3113a; FRL–7851–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Control of VOC Emissions 

From Yeast Manufacturing; Correction

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; correcting 

amendment. 

SUMMARY: EPA is correcting the format 

in the Identification of plan section of 

a State Implementation Plan (SIP) 

revision for control of volatile organic 

compound (VOC) emissions from yeast 

manufacturing which EPA approved as 

part of the Maryland SIP on October 27, 

2004. This document corrects an error 

in the rule format of a final rule 

pertaining to the State of Maryland.

DATES: Effective December 27, 2004.

FOR FURTHER INFORMATION CONTACT:

Harold A. Frankford, (215) 814–2108 or 

by e-mail at 

frankford.harold@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever 

‘‘we,’’ or ‘‘our’’ are used we mean EPA. 

On October 27, 2004 (69 FR 62589), 

we published a final rulemaking action 

announcing approval of a revision to the 

Maryland State Implementation Plan 

(SIP) pertaining to control of volatile 

organic compounds (VOC) emissions 

from yeast manufacturing operations 

(COMAR 26.11.19.17). In our approval 

action, EPA incorporated by reference 

(IBR’d) the State rule and codified this 

IBR action at § 52.1070(c)(189).The 

effective date of the action is December 

27, 2004. Subsequently, on November 

29, 2004 (69 FR 69304), we published 

an administrative rulemaking action 

announcing format revisions to the 

Identification of plan section in 40 CFR 

part 52, subpart V (Maryland), as well 

as changes to the format for materials 

which are incorporated by reference 

(IBR). This administrative rulemaking 

action both recodified the existing 

§ 52.1070 as § 52.1100 entitled ‘‘Original 

Identification of plan section,’’ and 

created a new § 52.1070 entitled 

‘‘Identification of plan.’’ We are revising 

the entry for COMAR 26.11.19.17 in 

§ 52.1070(c), effective December 27, 

2004, so that it reflects EPA’s October 

27, 2004 approval action of the revised 

COMAR 26.11.19.17. 

In rule document 04–23948 published 

in the Federal Register on October 27, 

2004 (69 FR 62589), on page 62591 in 

the second column, Amendatory 

Instruction Number 2 is withdrawn. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B).

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore 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)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant.

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76855

This technical correction action does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this 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, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) 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 rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq). 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of 

December 27, 2004. 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 correction to 

40 CFR 52.52.1070(c) for Maryland is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2).

Dated: December 14, 2004. 

Donald S. Welsh, 

Regional Administrator, EPA Region III.

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental 

protection, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds.

■ Accordingly, the amendment to 40 

CFR 52.1070 published in the Federal 

Register on October 27, 2004 (69 FR 

62591), which was to become effective 

on December 27, 2004, is withdrawn, 

and 40 CFR part 52 is further amended 

as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

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

Subpart V—Maryland

■ 2. In Section 52.1070, the table in 

paragraph (c) is amended by revising the 

entry for COMAR 26.11.19.17 to read as 

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland 

Administrative Regulations (COMAR)

citation 

Title/subject State effective 

date 

EPA approval

date 

Additional explanation/

Citation at 40 CFR 

52.1100 

* * * * * * * 

26.11.19 Volatile Organic Compounds From Specific Processes

* * * * * * * 

26.11.19.17 ............... Control of Volatile Organic Compounds (VOC) 

Emissions from Yeast Manufacturing.

6/21/04 10/27/04, 69 FR 62589 SIP effective date is 12/

27/04. 

* * * * * * * 

* * * * *

[FR Doc. 04–27997 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0008; FRL–7852–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; VOC Emission Standards 

for Mobile Equipment Repair and 

Refinishing

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

District of Columbia State 

Implementation Plan (SIP). The revision 

establishes regulations for the control of 

volatile organic compound (VOC) 

emissions from mobile equipment repair 

and refinishing operations in the 

District of Columbia (the District). EPA 

is approving this revision to the District 

of Columbia SIP in accordance with the 

requirements of the Clean Air Act (CAA 

or the Act).

DATES: This rule is effective on February 

22, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 24, 2005. If EPA receives