[Federal Register Volume 69, Number 246 (Thursday, December 23, 2004)]
[Rules and Regulations]
[Pages 76854-76855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27997]


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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.

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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 [email protected].

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 Sec.  
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 Sec.  52.1070 as Sec.  52.1100 entitled 
``Original Identification of plan section,'' and created a new Sec.  
52.1070 entitled ``Identification of plan.'' We are revising the entry 
for COMAR 26.11.19.17 in Sec.  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.

[[Page 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.

0
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]

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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. 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:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
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                                                                                                  Additional
       Code of Maryland                                       State                              explanation/
  Administrative Regulations         Title/subject       effective date   EPA approval  date  Citation at 40 CFR
      (COMAR)  citation                                                                             52.1100
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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                                                  * * * * * * *
26.11.19.17..................  Control of Volatile              6/21/04  10/27/04, 69 FR      SIP effective date
                                Organic Compounds (VOC)                   62589.               is 12/27/04.
                                Emissions from Yeast
                                Manufacturing.
 
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[FR Doc. 04-27997 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P