[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Rules and Regulations]
[Pages 24703-24705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12139]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0058; FRL-8909-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology Requirements for 
Volatile Organic Compounds: Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects errors in the amendatory instructions 
regarding EPA's action to convert Maryland regulations governing 
volatile organic compound (VOC) reasonable available control technology 
(RACT) from conditional limited approval to full approval.

DATE: Effective Date: May 26, 2009.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' are used we mean EPA. On March 25, 2009 (74 FR 12556), we 
published a final rulemaking action announcing our approval of State 
Implementation Plan (SIP) revisions to Maryland regulations (COMAR 
26.11.19.02G and COMAR 26.11.06.06) governing VOC RACT. In that 
document, we provided an incorrect amendatory instruction on page 12559 
regarding the removal of nonexistent tables in paragraphs 52.1072(d) 
and 52.1073(e). This action corrects the erroneous amendatory 
instruction in part 52 for these paragraphs.
    In the Rule document E9-6654 published in the Federal Register on 
March 25, 2009 (74 FR 12556), Amendatory Instruction Numbers 3 and 4 on 
page 12559, second and third columns respectively are revised to read 
as follows:
    ``3. In Sec.  52.1072, paragraph (d) is removed and reserved.
    4. In Sec.  52.1073, paragraph (e) is removed and reserved.''
    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 this rule is not 
substantive and imposes no regulatory requirements, but merely corrects 
a 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

[[Page 24704]]

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 approves a State rule 
implementing a Federal standard.
    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 May 26, 
2009. 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 for 40 CFR part 52, 
subpart V (Maryland) is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: May 14, 2009.
William C. Early,
Acting Regional Administrator, Region III.


0
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

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR 26.11.19.02G to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Code of Maryland administrative                           State effective                                           Additional explanation/citation at
   regulations (COMAR) citation        Title/subject            date                   EPA approval date                       40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               26.11.19 Volatile Organic Compounds from Specific Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.19.02......................  Applicability,          5/4/98, 12/10/01  3/25/09, 74 FR 12556.................  (c) (174), (c) (175). On 2/27/03 (68
                                    Determining                                                                      FR 9012), EPA approved a revised
                                    Compliance,                                                                      rule citation with a State
                                    Reporting, and                                                                   effective date of 5/8/95
                                    General                                                                          [(c)(182)(i)(D)].
                                    Requirements.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 24705]]

* * * * *
0
3. In Sec.  52.1072, paragraph (d) is removed and reserved.
0
4. In Sec.  52.1073, paragraph (e) is removed and reserved.
[FR Doc. E9-12139 Filed 5-22-09; 8:45 am]
BILLING CODE 6560-50-P