[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Rules and Regulations]
[Pages 62589-62591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23948]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD170-3113a; FRL-7819-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions from Yeast Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The SIP revisions pertain to 
the amendments of a regulation that control volatile organic compound 
(VOC) emissions from yeast manufacturing facilities. EPA is approving 
these revisions in accordance with the

[[Page 62590]]

requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 27, 2004 without further 
notice, unless EPA receives adverse written comment by November 26, 
2004. 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: Submit your comments, identified by MD170-3113 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: 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. MD170-3113. 
EPA's policy is that all comments received will be included in the 
public docket without change, 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 regulations.gov or e-
mail. The Federal regulations.gov website 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 
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.
    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, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland 
Department of the Environment (MDE), 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:

I. Background

    On July 12, 2004, the State of Maryland submitted a formal revision 
to its State Implementation Plan (SIP). The SIP revision consists of 
amendments to COMAR 26.11.19.17--Control of VOC Emissions from Yeast 
Manufacturing. Yeast is manufactured in large reaction vessels referred 
to as fermenters. In Maryland, most of the yeast manufactured is 
baker's or nutritional yeast. The yeast is manufactured in batches with 
an average fermenting time of 18 hours for each batch.

II. Summary of SIP Revision

    The amendments to COMAR 26.11.19.17 add the following definitions: 
(a) ``nutritional yeast'' means a yeast that becomes an ingredient in 
dough for bread or any other yeast-raised baked product; or a 
nutritional food additive intended for consumption by humans; and (b) 
``specialty yeast'' means a yeast that is used in the production of 
beer, wine or alcoholic beverages or in the production of ethanol. The 
amendment also limits the production of specialty yeast to less than 
one percent by weight of the total annual yeast production excluding 
specialty yeast batches that meet the emission limits for nutritional 
yeast. Compliance with this amendment shall be achieved beginning July 
1, 2004 and determined with the use of continuous emission monitors. In 
addition, the amendment removed the requirement to conduct periodic 
stack tests because the VOC emissions are now determined by continuous 
monitors.
    The standards in the amended regulation shall be met for at least 
98 percent of all nutritional yeast batches in each 12-month period. 
The amended regulation also requires semi-annual reports submitted to 
MDE by the end of the month following each 6-month period. The semi-
annual reports shall include: (a) A summary of the number of batches 
for each month and calculations showing the percent of batches that 
failed to meet the VOC standards for each month; (b) calculations 
showing the percent of batches that failed to meet the VOC standards 
during the 6-month period; and (c) calculations showing the percent of 
batches, by fermenter, that were not monitored during the 6-month 
period.

III. Final Action

    EPA is approving the amendments to COMAR 26.11.19.17, ``Control of 
VOC Emissions from Yeast Manufacturing,'' submitted by MDE on July 12, 
2004. Implementation of these amendments will result in the reduction 
of VOC emissions from yeast manufacturing facilities.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates 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 December 27, 2004 without further 
notice unless EPA receives adverse comment by November 26, 2004. 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.

IV. Statutory and Executive Order Reviews

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. 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 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

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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 
(Pub. L. 104-4). This rule also does not have tribal implications 
because it will 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). This action also 
does not have Federalism implications because it does not 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). This 
action 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 Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (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. 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 must be filed in the United States Court 
of Appeals for the appropriate circuit by December 27, 2004. 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, pertaining to the amendments to control VOC emissions 
from yeast manufacturing facilities in Maryland, 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, Incorporation by reference, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 20, 2004.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.

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40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

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2. Section 52.1070 is amended by adding paragraph (c)(189) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (189) Revisions to the Maryland Regulations on the Control of 
Volatile Organic Compound Emissions from Yeast Manufacturing submitted 
on July 12, 2004 by the Maryland Department of the Environment (MDE):
    (i) Incorporation by reference.
    (A) Letter of July 12, 2004 from the Maryland Department of the 
Environment transmitting the amendments to the control of VOC from 
yeast manufacturing.
    (B) The following revisions to COMAR 26.11.19.17, Control of VOC 
Emissions from Yeast Manufacturing with an effective date of June 21, 
2004.
    (1) Addition of paragraphs .17A(3) and .17A(4) of existing 
paragraphs .17A(3) and .17A(4) to .17A(5) and .17A(6) respectively.
    (2) Addition of paragraph .17B(2), replacing existing paragraph 
.17B(2).
    (3) Revisions to paragraphs .17B(3), .17C(2), .17C(3), .17D 
(introductory sentence), .17D(1), and .17D(2).
    (4) Addition of paragraph .17E; renumbering of existing paragraph 
.17E to .17F.
    (5) Addition of paragraphs .17F(1) and .17F(2), replacing existing 
paragraphs .17E(1) and .17E(2).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(191)(i) of this 
section.

[FR Doc. 04-23948 Filed 10-26-04; 8:45 am]
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