28058 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

(i) * * *

(A) * * *

(3) Rule 74.29, adopted on October 10,

1995.

* * * * *

[FR Doc. 01–12716 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD112–3066a; FRL–6979–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; Control of VOC Emissions

from Distilled Spirits Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the Maryland

State Implementation Plan (SIP). These

revisions establish reasonable available

control technology (RACT) to limit

volatile organic compound (VOC)

emissions from distilled spirits facilties.

EPA is fully approving these revisions

in accordance with the requirements of

the Clean Air Act (CAA).

DATES: This rule is effective on July 23,

2001 without further notice, unless EPA

receives adverse written comment by

June 21, 2001. 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: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available 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; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460; and Maryland

Department of the Environment, 2500

Broening Highway, Baltimore,

Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Rose

Quinto, (215) 814–2182, or by e-mail at

quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On November 13, 2000, the State of

Maryland submitted formal revisions to

its State Implementation Plan (SIP).

These SIP revisions, submitted by the

Maryland Department of the

Environment (MDE), consist of the

control of volatile organic compound

(VOC) emissions from distilled spirits

facilties.

II. Summary of SIP Revision

COMAR 26.11.19.29 applies to a

person who owns or operates a distilled

spirits facility that has a total potential

to emit VOCs of 25 tons or more per

year.

General Provisions

This section establishes definitions

for the terms ‘‘aging warehouse,’’

‘‘bottling operation,’’ ‘‘distilled spirits,’’

‘‘distilled spirits facility,’’ and ‘‘vacuum

filling system.’’

General Requirements

This section requires the use of one of

the following control methods at

distilled spirits facilities subject to this

regulation:

• Empty and fill barrels using a

pump-operated, bayonet-type suction

and filling device, or comparably

effective device that minimizes VOC

evaporative losses when emptying or

filling barrels,

• Drain distilled spirits from filter

plates that are located between the

barrel unloading and storage tanks to

either a recycling tank or to an enclosed

collection system, and

• Use a gravity and vacuum or

pressure filling system or comparably

effective system to minimize fugitive

emissions from the bottling operations.

This section also requires during the

warmer weather, used barrels that are

stored in the outdoors awaiting disposal

shall be periodically (at least weekly)

wetted down to reduce potential leakage

and fugitive emissions.

Control of Other Fugitive Emission

Sources

This section requires a submittal to

MDE for approval, a good operating

practices manual to minimize fugitive

VOC emissions from the aging

warehouse, and shall be implemented

not later than 60 days after approval by

MDE. This section also requires a report

to be submitted to MDE following

implementation of the approved good

operating practices.

Evaluation: This SIP revision,

controlling VOC emissions from

distilled spirits facilities, will result in

significant enforceable VOC emission

reductions. EPA has determined that

COMAR 26.11.19.29 is approvable as a

SIP revision.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipate no adverse

comment. 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 July 23, 2001 without

further notice unless EPA receives

adverse comment by June 21, 2001. 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.

II. Final Action

EPA is approving the SIP revisions

submitted by MDE on November 13,

2000 to control VOC emissions from

distilled spirits facilities.

III. Administrative Requirements

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. 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 preexisting 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 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

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28059

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

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This 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 CAA. 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 CAA. 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 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 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, pertaining to revisions to the

Maryland SIP establishing requirements

for distilled spirits facilities, must be

filed in the United States Court of

Appeals for the appropriate circuit by

July 23, 2001. 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 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, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements.

Dated: May 2, 2001.

William C. Early,

Acting Regional Administrator, Region III.

40 CFR part 52 is 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. Section 52.1070 is amended by

adding paragraph (c)(160) to read as

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(160) Revisions to the Maryland State

Implementation Plan submitted on

November 13, 2000 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) A letter dated November 13, 2000

from the Maryland Department of the

Environment transmitting additions to

Maryland’s State Implementation Plan,

pertaining to volatile organic compound

(VOC) regulations in Maryland’s air

quality regulations, COMAR

26.11.19.29.

(B) Addition of new COMAR

26.11.19.29—Control of Volatile Organic

Compounds from Distilled Spirits

Faciltities, adopted by the Secretary of

the Environment on September 11, 2000

and effective on October 2, 2000.

(ii) Additional Materials—Remainder

of the November 13, 2000 submittal

pertaining to COMAR 26.11.19.29—

Control of VOC Emissions from Distilled

Spirits Facilities.

[FR Doc. 01–12714 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY48–221; FRL–6979–

2]

Approval and Promulgation of

Implementation Plans; New York;

Nitrogen Oxides Budget and

Allowance Trading Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan (SIP) revision

submitted by the State of New York.

This SIP revision meets the

requirements of the EPA’s regulation

entitled, ‘‘Finding of Significant

Contribution and Rulemaking for

Certain States in the Ozone Transport

Assessment Group Region for Purposes

of Reducing Regional Transport of

Ozone,’’ known as the ‘‘ NOX SIP Call.’’

The SIP revision includes a narrative

and a regulation that establish a

statewide nitrogen oxides (NOX) budget

and a NOX allowance trading program

that begins in 2003 for large electricity

generating and industrial sources. The

intended effect of this SIP revision is to

reduce emissions of NOX in order to

help attain the national ambient air

quality standard for ozone. EPA is

approving this action pursuant to

section 110 of the Clean Air Act. In

addition, as a result of today’s action,

the Clean Air Act section 126 rule

requirements will no longer apply to

sources in the State of New York.

EFFECTIVE DATE: This rule will be

effective June 21, 2001.

ADDRESSES: Copies of the state submittal

are available at the following addresses

for inspection during normal business

hours:

Environmental Protection Agency,

Region II Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.