[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28058-28059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12714]


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

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 [email protected].

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 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 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

[[Page 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:


Sec. 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