[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Rules and Regulations]
[Pages 1291-1292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-252]



40 CFR Part 52

[EPA-R03-OAR-2005-MD-0009; FRL-8267-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; VOC RACT for Perdue Farms, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: EPA is approving a revision to the Maryland State 
Implementation Plan (SIP). The revision pertains to a Consent Order 
establishing volatile organic compound (VOC) reasonably available 
control technology (RACT) for Perdue Farms, Incorporated. EPA is 
approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on February 12, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-MD-0009. All documents in the docket are listed 
in the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy 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. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

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


I. Background

    On July 29, 2005 (70 FR 43817), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of the establishment of VOC RACT for Perdue Farms, Inc., located at 
6906 Zion Church Road, Wicomico County, Maryland. The formal SIP 
revision (05-04) was submitted by the Maryland Department of 
the Environment (MDE) on May 31, 2005. Specific requirements of the SIP 
revision and the rationale for EPA's proposed action are explained in 
the NPR and will not be restated here. On August 9, 2005, EPA received 
an adverse comment on its July 29, 2005 NPR. A summary of the comment 
submitted and EPA's response is provided in Section II of this 

II. Summary of Public Comments and EPA Responses

    Comment: A commenter states that the annual limit is inappropriate 
because it is not calculated on a rolling basis. Specifically, the VOC 
limit of 0.3 gallons per ton of soybean processes in a calendar year 
requires calculation of compliance on a rolling 12-month basis.
    Response: EPA disagrees with this comment. Perdue Farms, Inc. is 
required by their Title V Operating Permit No. 24-045-00042, issued on 
August 1, 2005, to report their compliance with the RACT VOC limit of 
0.3 gallons per ton on soybeans processed to MDE on a rolling 12-month 
period (Section 5.5, Reporting Requirements). This is consistent with 
the requirements of MDE (COMAR, Applicability, Determining 
Compliance, Reporting, and General Requirements) and with 40 CFR 63 
Subpart GGGG, National Emission Standards for Hazardous Air Pollutants: 
Solvent Extraction for Vegetable Oil Production, which require these 
sources to determine compliance with annual VOC emission limits on a 
rolling 12-month period.

III. Final Action

    EPA is approving the Consent Order establishing VOC RACT for Perdue 
Farms, Inc. located in Wicomico County, Maryland submitted on May 31, 
2005. EPA is approving this SIP submittal because MDE established and 
imposed requirements in accordance with the criteria set forth in SIP-
approved regulations for imposing RACT. MDE has also imposed 
recordkeeping, monitoring, and testing requirements on this source 
sufficient to determine compliance with these requirements.

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 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 
requirement, 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

[[Page 1292]]

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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability establishing source-
specific requirements for one named source.

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 March 12, 2007. 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 a Consent Order establishing 
VOC RACT for Perdue Farms, Inc. located in Wicomico County, 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, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 

    Dated: January 4, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

40 CFR part 52 is amended as follows:


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

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

Subpart V--Maryland

2. In Sec.  52.1070, the table in paragraph (d) is amended by adding an 
entry for Perdue Farms, Inc. at the end of the table to read as 

Sec.  52.1070  Identification of plan.

* * * * *
    (d) * * *

                               EPA-Approved Maryland Source-Specific Requirements
                                Permit number/       State                                          Additional
        Name of source               type       effective date          EPA approval date           explanation
                                                  * * * * * * *
Perdue Farms, Inc............  Consent Order..        02/01/05  01/11/07 [Insert page number       52.1070(d)(1)
                                                                 where the document begins].

* * * * *
 [FR Doc. E7-252 Filed 1-10-07; 8:45 am]