Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Washington County Ozone Early Action Compact Area, 48283-48285 [05-16291]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Rules and Regulations]
[Pages 48283-48285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16291]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-MD-0004; FRL-7954-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Attainment Demonstration for the Washington County Ozone 
Early Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is taking final action to approve a revision to the State 
of Maryland State Implementation Plan (SIP). This revision consists of 
an Early Action Compact (EAC) Plan that will enable the Washington 
County, Maryland Ozone EAC Area to demonstrate attainment and 
maintenance of the 8-hour ozone national ambient air quality (NAAQS) 
standard. This action is being taken under the Clean Air Act (CAA or 
Act).

DATES: This final rule is effective on September 16, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID Number R03-OAR-2005-MD-0004. All documents 
in the docket are listed in the RME index at https://www.docket.epa.gov/
rmepub/. Once in the system, select ``quick search,'' then key in the 
appropriate RME identification number. 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 in RME 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: Ellen Wentworth, (215) 814-2034, or by 
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 17, 2005 (70 FR 28256), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of the attainment demonstration and the Early Action Plan (EAP) for the 
Washington County Ozone EAC Area. The formal SIP revision was submitted 
by the Maryland Department of the Environment on December 20, 2004 and 
supplemented on February 28, 2005. Other specifics of the State's SIP 
revision for the Washington County Ozone EAC Area, and the rationale 
for EPA's proposed action are explained in the NPR and will not be 
restated here. On June 16, 2005, EPA received adverse comments on its 
May 17, 2005 NPR. A summary of the comments submitted and EPA's 
responses are provided in Section II of this document.

II. Summary of Public Comments and EPA Responses

    Comment: One commenter opposes the approval of the SIP revision for 
the Washington County Ozone EAC Area because the Area is in violation 
of the 8-hour ozone standard. The commenter also states that the SIP 
revision provides for the deferment of a nonattainment designation 
until a future date, potentially as late as December 31, 2007, and 
relieves the Area of obligations under Title I, part D of the CAA. 
Although the commenter is supportive of the goal of addressing 
proactively the public health concerns associated with ozone pollution, 
the commenter believes that EPA does not have the legal authority to 
defer effective dates of designations or to allow areas to be relieved 
of obligations under Title I, part D of the CAA while they are 
violating the 8-hour ozone standard, or are designated nonattainment of 
that standard.
    Response: EPA first announced the EAC process in a June 19, 2002 
letter from Gregg Cooke, Administrator, EPA Region VI to Robert Huston, 
Texas Commission on Environmental Quality, followed by a November 14, 
2002 memorandum from Jeffrey R. Holmstead, Assistant Administrator, 
EPA's Office of Air and Radiation to the EPA Regional Administrators, 
entitled, ``Schedule for 8-Hour Ozone Designations and its Effect on 
Early Action Compacts.'' EPA formalized the EAC process in the 
designation rulemaking on April 30, 2004 (69 FR 23858). In the 
designation rule, EPA designated 14 EAC areas as nonattainment, but 
deferred the effective date of the designation until September 30, 
2005. The EAC program gives local areas the flexibility to develop 
their own approach to meeting the 8-hour ozone standard, provided the 
participating communities are serious in their commitment to control 
emissions from local sources earlier than the CAA would otherwise 
require. By involving diverse stakeholders, including representatives 
from industry, local and State governments, and local environmental 
citizens' groups, a number of communities are discussing for the first 
time the need for regional cooperation in solving air quality problems 
that affect the health and welfare of its citizens. People living in 
these areas that achieve reductions in pollution levels sooner will 
enjoy the health benefits of cleaner air sooner than might otherwise 
occur. EPA believes this proactive approach involving multiple, diverse 
stakeholders is beneficial to the citizens of the area by raising 
awareness of the need to adopt and implement measures that will reduce 
emissions and improve air quality.
    EPA disagrees with the comments that this action on the SIP 
revision for the Washington County Ozone EAC Area defers the 
nonattainment designation for this Area. In our May 17, 2005 NPR (70 FR 
28256), EPA proposed approval of an

[[Page 48284]]

attainment demonstration and EAP SIP revision for the Washington County 
Ozone EAC Area. This SIP revision includes an attainment demonstration 
which demonstrates attainment of the 8-hour ozone NAAQS in the 
Washington County Ozone EAC Area by December 31, 2007, and also 
demonstrates maintenance of the 8-hour NAAQS for five years following 
the attainment date. As noted in the proposed action, approval of the 
attainment demonstration and EAP constitutes one of several milestones 
that an area must meet in order to participate in the EAC process. 
While approval of this plan is a prerequisite for an extension of the 
deferred effective date of the designation of this Area, see 40 CFR 
81.300(e)(3), neither the proposed approval of this SIP revision nor 
this final action approving the SIP revision purports to extend the 
deferral of the effective date of the nonattainment designation for 
this Area. In a separate rulemaking (69 FR 23858, April 30, 2004), EPA 
deferred the effective date of the air quality designations of all 14 
EAC areas to September 30, 2005. In the April 30, 2004 final rule, EPA 
responded to comments received during the comment period for this final 
rule. In a separate proposed rule (70 FR 33409, June 8, 2005), EPA 
proposed to extend the deferral of the effective date of the air 
quality designations for these 14 EAC areas. EPA will consider comments 
regarding its legal authority in the final rule associated with the 
June 8, 2005 proposed rule.
    Regardless of whether EPA's separate actions deferring the 
effective date of the nonattainment designation for this Area are 
appropriate, EPA sees no basis to disapprove the attainment and 
maintenance plan. The provisions of the statute generally provide that 
areas must demonstrate attainment and maintenance of the NAAQS. See, 
e.g., CAA section 110(a)(1) (requiring areas to submit plans providing 
for ``implementation, maintenance, and enforcement'' of each NAAQS) and 
CAA section 172(c)(1) (requiring nonattainment areas to submit plans 
demonstrating attainment of the NAAQS). The commenter has provided no 
substantive reason why this plan does not demonstrate attainment and 
maintenance of the 8-hour standard. Therefore, this action approving 
the attainment demonstration and maintenance plan is appropriate.

III. Final Action

    EPA is approving the attainment demonstration and the EAP for the 
Washington County Ozone EAC Area. The modeling of the ozone and ozone 
precursor emissions from sources affecting the Washington County Ozone 
EAC Area demonstrates that the specified control strategies will 
provide for attainment of the 8-hour ozone NAAQS by December 31, 2007, 
and maintenance of that standard through 2012.

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 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 October 17, 2005. 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, approving the attainment demonstration and 
the EAP for the Washington County Ozone EAC Area, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

[[Page 48285]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: August 9, 2005.
Donald S. Welsh,
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 (e) is amended by adding an 
entry for the Attainment Demonstration and the Early Action Plan for 
the Washington County, Maryland Ozone Early Action Compact Area at the 
end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

                            EPA Approved Nonregulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
                                                                State
Name of non-regulatory SIP revision   Applicable geographic   submittal      EPA approval date      Additional
                                              area               date                               explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Attainment Demonstration and Early   Washington County.....    12/20/04,  8/17/05 [Insert page
 Action Plan for the Washington                                  2/28/05   number where the
 County Ozone Early Action Compact                                         document begins].
 Area.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 05-16291 Filed 8-16-05; 8:45 am]
BILLING CODE 6560-50-P