Approval and Promulgation of Air Quality Implementation Plans; Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate Matter, 59688-59690 [05-20514]

Download as PDF 59688 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules sections have been superseded and replaced by Utah’s October 9, 1998 SIP submittal which EPA will be addressing at a later date. Therefore, current rule sections R307–1–3.1.1, R307–1–3.1.2, R307–1–3.1.3, R307–1–3.1.4, R307–1– 3.1.5, R307–1–3.1.6, R307–1–3.1.8, R307–1–3.1.9, and R307–1–3.1.10 which would have been renumbered to rule section R307–401 will remain in the existing SIP. We will also not be acting to approve R307–401–10(2). Rule section R307–401–10(2) has never been approved into the SIP and is not required to be in the federally enforceable SIP. 12. R307–413—Permits: Exemption and Special Provisions. We will not be addressing the renumbering of rules R307–413–1 through R307–413–6. These rule sections will be addressed when EPA addresses Utah’s October 9, 1998 SIP submittal. We will also not be addressing rules R307–413–8 and R308– 413–9 because these rule sections will be addressed when EPA addresses Utah’s January 8, 1999 SIP submittal. Therefore, the definitions that would have been relocated to rule section R307–413 will remain in the current rule section R307–1–1 and current rule section R307–1–3.1.7 and rule section R307–6–1 that would have been renumbered to rule section R307–413 will remain in the existing SIP. IV. Statutory and Executive Order Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 (Public Law 104–4). VerDate Aug<31>2005 17:01 Oct 12, 2005 Jkt 208001 This proposed 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 proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed 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 proposed 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.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Carbon Monoxide, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds, Reporting and recordkeeping requirements. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Dated: September 30, 2005. Robert E. Roberts, Regional Administrator, Region 8. [FR Doc. 05–20518 Filed 10–12–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R03–OAR–2005–MD–0012; FRL–7982–8] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment. The revision consists of modifications to the ambient air quality standards for ozone and fine particulate matter and the replacement of the abbreviation ‘‘ppm’’ with parts per million in existing standards. This action is being taken under the Clean Air Act (CAA or the Act). Written comments must be received on or before November 14, 2005. DATES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number R03–OAR– 2005–MD–0012 by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Agency Web site: https:// docket.epa.gov/rmepub/ RME, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. E-mail: Campbell.dave@epa.gov. Mail: R03–OAR–2005–MD–0012, David Campbell, Chief, Air Quality Planning and Analysis Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to RME ID No. R03–OAR–2005–MD–0012. ADDRESSES: E:\FR\FM\13OCP1.SGM 13OCP1 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// docket.epa.gov/rmepub/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov or e-mail. The EPA RME and the Federal regulations.gov Web sites are an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the RME index at https://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly available, i.e., 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 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: Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:01 Oct 12, 2005 Jkt 208001 I. Background On March 15, 2005, the State of Maryland submitted a formal revision to its SIP. The SIP revision consists of an amendment which includes the revised ambient air quality standards for ozone and particulate matter. EPA promulgated the new, more stringent, national ambient quality standards (NAAQS) for ozone and fine particulate matter on July 18, 1997, 62 FR 38894 and 62 FR 38711, respectively. In 1997, EPA adopted an 8-hour ozone NAAQS with a level of 0.08 parts per million (ppm) to provide greater protection to public health than the previous standard 0.12 ppm averaged over a 1-hour block of time. At the same time, EPA established a new standard for fine particulate matter (PM2.5) that applies to particles 2.5 microns in diameter or less. II. Summary of SIP Revision Maryland’s revision incorporates the 1997 Federal 8-hour ozone and PM2.5 standards into Title 26, Subtitle 11, Chapter 4 of the Code of Maryland Adminstrative Regulations (COMAR). The new ozone standard incorporated in this SIP revision is the average of the fourth-highest daily maximum 8-hour average ozone concentration that is less than or equal to 0.08 ppm, averaged over three consecutive years. In addition, the SIP revision adds a new PM2.5 ambient air quality standard. The standards for PM2.5 incorporated in this SIP revision are 65 micrograms per cubic meter based on a 24-hour concentration and 15.0 micrograms per cubic meter annual arithmetic mean concentration. Compliance with the new 8-hour standard and fine particulate matter standards are determined in a manner identical to the NAAQS as defined at 40 CFR part 50. It should be noted that Maryland has not made any revisions to the existing standards for ozone (1-hour standard) or particulate matter (PM10). The revision also includes a clarification of the unit of measure for ambient air quality standards for sulfur oxides and nitrogen dioxide. The abbreviation ‘‘ppm’’ has been replaced by the written form ‘‘parts per million’’. III. Proposed Action EPA is proposing to approve the Maryland SIP revision for addition of new 8-hour ozone ambient air quality standards and fine particulate matter ambient air quality standards and clarification of unit of measure, which was submitted on March 15, 2005. EPA is soliciting public comments on the issues discussed in this document. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 59689 These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed 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 Fed. Reg. 28355 (May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed 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 proposes to approve 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 (Public Law 104–4). This proposed 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 government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to approve 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 proposed rule also is not subject to Executive Order 13045 (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 E:\FR\FM\13OCP1.SGM 13OCP1 59690 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Proposed Rules 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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed 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. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) 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 proposed rule to approve addition of ozone and fine particulate standards does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: October 5, 2005. Donald S. Welsh, Regional Administrator, Region III. [FR Doc. 05–20514 Filed 10–12–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [R01–OAR–2005–CT–0003; A–1–FRL–7979–9] Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Redesignation of City of New Haven PM10 Nonattainment Area To Attainment and Approval of the Limited Maintenance Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes a VerDate Aug<31>2005 17:01 Oct 12, 2005 Jkt 208001 Limited Maintenance Plan (LMP) for the New Haven PM10 nonattainment area (New Haven NAA) in the State of Connecticut and grants a request by the State to redesignate the New Haven NAA to attainment for the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). EPA is approving this redesignation and LMP because Connecticut has met the applicable requirements of the Clean Air Act (CAA). DATES: Written comments must be received on or before November 14, 2005. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number R01–OAR– 2005–CT–0003 by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Agency Web site: https:// docket.epa.gov/rmepub/ Regional Material in EDocket (RME), EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. 3. E-mail: conroy.dave@epa.gov 4. Fax: (617) 918–0661 5. Mail: ‘‘RME ID Number R01–OAR– 2005–CT–0003,’’ David Conroy, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114–2023. 6. Hand Delivery or Courier. Deliver your comments to: David Conroy, Air Programs Branch Chief, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, 11th floor (CAQ), Boston, MA 02114–2023. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30 excluding federal holidays. Please see the direct final rule which is located in the Rules Section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 (CAQ), Boston, MA 02114–2023, telephone number (617) 918–1684, fax number (617) 918–0684, e-mail simcox.alison@epa.gov. In the Final Rules Section of this Federal Register, EPA is approving Connecticut’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules Section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: September 26, 2005. Robert W. Varney, Regional Administrator, EPA New England. [FR Doc. 05–20417 Filed 10–12–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 69 [OAR–2004–0229; FRL–7982–6] RIN 2060–AJ72 Control of Air Pollution From Motor Vehicles and Nonroad Diesel Engines: Alternative Low-Sulfur Diesel Fuel Transition Program for Alaska Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing an implementation date of June 1, 2010 for the sulfur, cetane and aromatics requirements for highway, nonroad, locomotive and marine diesel fuel produced or imported for, distributed to, or used in the rural areas of Alaska. As of the implementation date, diesel fuel used in these applications would E:\FR\FM\13OCP1.SGM 13OCP1

Agencies

[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Proposed Rules]
[Pages 59688-59690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20514]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-MD-0012; FRL-7982-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate 
Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Maryland Department of the Environment. The 
revision consists of modifications to the ambient air quality standards 
for ozone and fine particulate matter and the replacement of the 
abbreviation ``ppm'' with parts per million in existing standards. This 
action is being taken under the Clean Air Act (CAA or the Act).

DATES: Written comments must be received on or before November 14, 
2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-MD-0012 by one of the following 
methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    E-mail: Campbell.dave@epa.gov.
    Mail: R03-OAR-2005-MD-0012, David Campbell, Chief, Air Quality 
Planning and Analysis Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2005-MD-
0012.

[[Page 59689]]

EPA's policy is that all comments received will be included in the 
public docket without change, and may be made available online at 
https://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., 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 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: Linda Miller, (215) 814-2068, or by e-
mail at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 15, 2005, the State of Maryland submitted a formal 
revision to its SIP. The SIP revision consists of an amendment which 
includes the revised ambient air quality standards for ozone and 
particulate matter. EPA promulgated the new, more stringent, national 
ambient quality standards (NAAQS) for ozone and fine particulate matter 
on July 18, 1997, 62 FR 38894 and 62 FR 38711, respectively.
    In 1997, EPA adopted an 8-hour ozone NAAQS with a level of 0.08 
parts per million (ppm) to provide greater protection to public health 
than the previous standard 0.12 ppm averaged over a 1-hour block of 
time. At the same time, EPA established a new standard for fine 
particulate matter (PM2.5) that applies to particles 2.5 microns in 
diameter or less.

II. Summary of SIP Revision

    Maryland's revision incorporates the 1997 Federal 8-hour ozone and 
PM2.5 standards into Title 26, Subtitle 11, Chapter 4 of the Code of 
Maryland Adminstrative Regulations (COMAR). The new ozone standard 
incorporated in this SIP revision is the average of the fourth-highest 
daily maximum 8-hour average ozone concentration that is less than or 
equal to 0.08 ppm, averaged over three consecutive years. In addition, 
the SIP revision adds a new PM2.5 ambient air quality standard. The 
standards for PM2.5 incorporated in this SIP revision are 65 micrograms 
per cubic meter based on a 24-hour concentration and 15.0 micrograms 
per cubic meter annual arithmetic mean concentration. Compliance with 
the new 8-hour standard and fine particulate matter standards are 
determined in a manner identical to the NAAQS as defined at 40 CFR part 
50. It should be noted that Maryland has not made any revisions to the 
existing standards for ozone (1-hour standard) or particulate matter 
(PM10).
    The revision also includes a clarification of the unit of measure 
for ambient air quality standards for sulfur oxides and nitrogen 
dioxide. The abbreviation ``ppm'' has been replaced by the written form 
``parts per million''.

III. Proposed Action

    EPA is proposing to approve the Maryland SIP revision for addition 
of new 8-hour ozone ambient air quality standards and fine particulate 
matter ambient air quality standards and clarification of unit of 
measure, which was submitted on March 15, 2005. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 Fed. Reg. 28355 (May 22, 
2001)). This action merely proposes to approve state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed 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 proposes to approve 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 (Public Law 104-4). This proposed 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 government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve 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 
proposed rule also is not subject to Executive Order 13045 (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

[[Page 59690]]

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. 
As required by section 3 of Executive Order 12988 (61 FR 4729, February 
7, 1996), in issuing this proposed 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. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) 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 proposed rule to approve addition of 
ozone and fine particulate standards does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 5, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-20514 Filed 10-12-05; 8:45 am]
BILLING CODE 6560-50-P
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