Federal Register: January 11, 2007 (Volume 72, Number 7)
DOCID: fr11ja07-16 FR Doc E7-250
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R03-OAR-2006-0638; FRL-8267-7]
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds From Medical Device Manufacturing
EFFECTIVE DATES: This final rule is effective on February 12, 2007.
EPA is approving a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment. This revision pertains to the control of volatile organic compounds from medical device manufacturing. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).
On May 31, 2006 and July 5, 2006, the State of Maryland submitted a
revision to the State Implementation Plan (SIP). The revision
II. Summary of SIP Revision
The revision establishes the Reasonably Available Control Technology (RACT) requirement for Volatile Organic Compounds (VOC) for medical device manufacturing installations that emit or have the potential to emit, 100 pounds or more per day of VOC emissions.
Other specific requirements of the provisions of COMAR 22.214.171.124 and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving the VOC RACT requirements for medical device
manufacturing including the manufacture of hypodermic products,
syringes, catheters, blood handling and other medical devices as a revision to the Maryland SIP.
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 preexisting 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 1044). 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 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 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 to approve VOC RACT requirements for medical device manufacturing 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
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.
2. In Sec. 52.1070, the table in paragraph (c) is amended by adding an entry for COMAR 126.96.36.199 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPAApproved Regulations in the Maryland SIP Code of Maryland administrative State Additional explanation/ citation at regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100 * * * * * * * 26.11.19 Volatile Organic Compounds from Specific Processes * * * * * * * 188.8.131.52.................... Control of Volatile 6/5/06 1/11/07 [Insert page number where the Organic Compounds from document begins] Medical Device
* * * * * * *
* * * * *
[FR Doc. E7250 Filed 11007; 8:45 am]
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