[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Proposed Rules]
[Pages 44995-44996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21560]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD112-3066; FRL-7043-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions From Distilled Spirits Facilities

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 the State of Maryland. The revision establishes 
reasonably available control technology (RACT) requirements to reduce 
emissions of volatile organic compounds (VOC) from distilled spirits 
facilities. The intended effect of this action is to propose approval 
of Maryland's proposed revised regulation to reduce VOC emissions from 
distilled spirits facilities. This action is being taken under the 
Clean Air Act. EPA is also withdrawing its earlier proposal to approve 
Maryland's regulation for the control of VOC emissions from distilled 
spirits facilities, published in the Federal Register on May 22, 2001.

DATES: Written comments must be received on or before September 26, 
2001.

ADDRESSES: Written comments may 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; 
and the Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or via e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 2000, the State of Maryland submitted formal 
revisions to its SIP. These SIP revisions, submitted by the Maryland 
Department of the Environment (MDE), consisted of Code of Maryland 
Regulations (COMAR) 26.11.19.29, Control of Volatile Organic Compounds 
from Distilled Spirits Facilities. The State of Maryland had adopted 
COMAR 26.11.19.29 to establish and impose RACT to reduce VOC from 
distilled spirits facilities.
    On May 22, 2001 (66 FR 23138), EPA proposed to approve COMAR 
26.11.19.29, Control of Volatile Organic Compound from Distilled 
Spirits Facilities as a SIP revision. EPA received an adverse comment 
on that proposal. Subsequent to EPA's proposing approval of COMAR 
26.11.19.29, MDE informed EPA of its intent to revise that regulation. 
Because EPA is withdrawing its proposed approval of the un-revised 
version of COMAR 26.11.19.29, EPA does not address the substance of 
that adverse comment in this current rulemaking. EPA will receive 
comments on this proposal to approve a revised version of COMAR 
26.11.19.29 as a SIP revision. With respect to this current rulemaking, 
EPA will only consider newly submitted comments, if any.

II. Summary of Maryland's Proposed SIP Revision and EPA's 
Evaluation

    On July 2, 2001, the MDE requested that EPA parallel process its 
approval of the proposed revised version of COMAR 26.11.19.29, Control 
of Volatile Organic Compounds from Distilled Spirits Facilities. The 
proposed revised regulation still imposes RACT for the control of VOC 
emissions from distilled spirits facilities. To expedite the approval 
of this regulation as a revision to the Maryland SIP, EPA is using the 
parallel rulemaking process to propose approval of Maryland's amended 
regulation concurrently with the State's own process for adopting the 
amended version of COMAR 26.11.19.29. On August 10, 2001, the MDE 
proposed the revised version of COMAR 26.11.19.29, Control of Volatile 
Organic Compounds from Distilled Spirits Facilities, in the Maryland 
Register.

A. Summary of Maryland's Regulation

    The regulation at COMAR 26.11.19.29 establishes RACT to control VOC 
emissions from distilled spirits facilities that have the total 
potential to emit 25

[[Page 44996]]

tons or more of VOCs per year. Distilled spirits facilities receive 
bulk liquor by train or tank truck, transfer the liquor into wood 
barrels to age, and bottle and package the final product. The aging 
process is the primary source of fugitive VOC emissions which are 
mostly ethanol and are caused by the breathing of the barrels. Fugitive 
VOCs are also discharged when filling and emptying barrels, during the 
blending and bottling operations, and during the storage of empty 
barrels. Maryland's regulation includes definitions for the terms 
``aging warehouse'', ``bottling operation'', ``distilled spirits'', 
``distilled spirits facility'' and ``automated filing system''. The 
RACT to control VOC emissions include requirements that subject 
facilities must empty barrels using a pump-operated, bayonet-type 
suction device, or comparably effective device that minimizes VOC 
evaporative losses when emptying 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. The regulation further that 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. The regulation also requires that subject 
facilities submit to MDE, for approval, a good operating practices 
manual to minimize fugitive VOC emissions from the aging warehouse, and 
other operations.

B. EPA's Evaluation

    EPA has not issued a control technique guideline recommending RACT 
for control of VOC emissions generated from distilled spirits 
facilities. Having reviewed COMAR 26.11.19.29, Control of Volatile 
Organic Compounds from Distilled Spirits Facilities, EPA believes the 
VOC control requirements of COMAR 26.11.19.29 are both reasonable and 
constitute RACT to control VOC from distilled spirits facilities. The 
regulation satisfies sections 182 and 184 of the Clean Air Act and 
strengthens the Maryland SIP.

III. Proposed Action

    EPA is proposing to approve COMAR 26.11.19.29, Control of Volatile 
Organic Compounds from Distilled Spirits Facilities, as submitted by 
the State of Maryland on July 2, 2001, as a revision to the Maryland 
SIP. This revision is being proposed under a procedure called parallel 
processing, whereby EPA proposes rulemaking action concurrently with 
the State's procedures for amending its regulations. If the proposed 
revision is substantially changed, EPA will evaluate those changes and 
may publish another notice of proposed rulemaking. If no substantial 
changes are made, EPA will publish a Final Rulemaking Notice on the 
revisions. The final rulemaking action by EPA will occur only after the 
SIP revision has been adopted by Maryland and submitted formally to EPA 
for incorporation into the SIP. EPA is soliciting public comments on 
the issues discussed in this notice or on other relevant matters. These 
comments will be considered before taking final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to the EPA Regional office listed in the 
ADDRESSES section of this notice.

IV. Administrative Requirements

    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 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 standard, 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 to approve Maryland's RACT requirements to 
reduce VOC from distilled spirits 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, Hydrocarbons, 
Ozone, Reporting and recordkeeping requirements.

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

    Dated: August 16, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 01-21560 Filed 8-24-01; 8:45 am]
BILLING CODE 6560-50-P