Approval and Promulgation of Air Quality Implementation Plans; Maryland; Repeal of NOX, 66263-66264 [05-21753]

Download as PDF Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Reporting and recordkeeping requirements, Volatile organic compounds. PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. I * * * State effective date County OP–46–0033 * * Berks; Montgomery .. 67–02047 .... York .......................... 4/20/99 36–2001 ...... Lancaster .................. 7/3/99 * [FR Doc. 05–21749 Filed 11–1–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R03–OAR–2005–MD–0005; FRL–7992–5] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Repeal of NOX Budget Program COMAR 26.11.27 and 26.11.28 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is approving a revision to the Maryland State Implementation Plan (SIP). The revision repeals Maryland’s Nitrogen Oxides (NOX) Budget Program under COMAR 26.11.27 and 26.11.28. This action is in accordance with the Clean Air Act. DATES: Effective Date: This final rule is effective on December 2, 2005. ADDRESSES: EPA has established a docket for this action under Regional Material in EDocket (RME) ID Number R03–OAR–2005–MD–0005. All documents in the docket are listed in the RME index at https://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. VerDate Aug<31>2005 2. In Section 52.2020, the table in paragraph (d)(1) is amended by adding the entries for Waste Management I Permit No. * * Waste Management Disposal Services of Pennsylvania, Inc. (Pottstown Landfill). Waste Management Disposal Services of PA, Inc. Armstrong World Industries, Inc. * * 40 CFR part 52 is amended as follows: Name of source 16:38 Nov 01, 2005 Disposal Services of Pennsylvania, Inc. (Pottstown Landfill); Waste Management Disposal Services of PA, Inc.; and Armstrong Industries, Inc. at the end of the table to read as follows: § 52.2020 Subpart NN—Pennsylvania Dated: October 21, 2005. Donald S. Welsh, Regional Administrator, Region III. Jkt 208001 4/20/99; 1/27/04 66263 Identification of plan. * * (d) * * * (1) * * * * EPA approval date * Additional explanation/§ 52.2063 citation * * 11/2/05 [Insert page number where the document begins]. * 52.2020(d)(1)(a). 11/2/05 where 11/2/05 where 52.2020(d)(1)(a). [Insert page number the document begins]. [Insert page number the document begins]. 52.2020(d)(1)(a). 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: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: trade program to reduce transport of ozone in 12 northeastern states and the District of Columbia. Maryland’s OTC Program has been superseded by its more stringent, Federally-approved NOX Reduction and Trading Program which satisfies the NOX SIP Call. A detailed discussion of the rationale for EPA’s approval action is provided in the NPR and will not be restated here. EPA did not receive any comments on the NPR. I. Background 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 On July 28, 2005, (70 FR 43818), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. The NPR proposed approval of a SIP revision to repeal Maryland’s Ozone Transport Commission (OTC) NOX Budget Program (OTC Program) under COMAR 26.11.27 (Post-RACT Requirements for NOX Sources) and COMAR 26.11.28 (Policies and Procedures Relating to Maryland’s NOX Budget Program). The formal SIP revision was submitted by the Maryland Department of the Environment (MDE) on December 1, 2003. II. Summary of SIP Revision The SIP revision repeals Maryland’s OTC Program, which implemented Maryland’s portion of a regional cap and PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 III. Final Action EPA is approving the repeal of COMAR 26.11.27 and 26.11.28 as a revision to the Maryland SIP. IV. Statutory and Executive Order Reviews A. General Requirements E:\FR\FM\02NOR1.SGM 02NOR1 66264 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 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 VerDate Aug<31>2005 16:38 Nov 01, 2005 Jkt 208001 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 January 3, 2006. 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 the repeal Maryland’s NOX Budget Trading Program under COMAR 29.11.27 and 29.11.28 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. Dated: October 24, 2005. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland § 52.1070 [Amended] 2. In § 52.1070, the table in paragraph (c) is amended by removing the entries for COMAR 26.11.27 (26.11.27.01 through 26.11.27.14) and 26.11.28 (26.11.28.01 through 26.11.28.13). I [FR Doc. 05–21753 Filed 11–1–05; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [RME Docket Number R08–OAR–2005–UT– 0006; FRL–7992–6] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Provo Attainment Demonstration of the Carbon Monoxide Standard, Redesignation to Attainment, Designation of Areas for Air Quality Planning Purposes, and Approval of Related Revisions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Utah. On April 1, 2004, the Governor of Utah submitted an attainment demonstration and plan for the Provo metropolitan area (hereafter, Provo area) for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS) to replace the demonstration and plan that were submitted by Governor Leavitt on July 11, 1994. The Governor’s submittal also contained a request to redesignate the Provo area to attainment for the CO NAAQS and a maintenance plan which includes transportation conformity motor vehicle emission budgets (MVEB) for 2014 and 2015. The Governor also submitted revisions to: Utah’s Rule R307–110–12, ‘‘Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,’’ which incorporates the attainment demonstration, plan, and maintenance plan; Utah’s Rule R307–110–31, ‘‘Section X , Vehicle Inspection and Maintenance Program, Part A,’’ which incorporates general requirements and applicability for motor vehicle emissions inspections; and Utah’s Rule R307–110–34, ‘‘Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,’’ which incorporates a revised vehicle inspection and maintenance program for Utah County. The Governor’s April 1, 2004 submittal also stated that the prior July 11, 1994 submittal of Utah’s Rule R307–1–4.12, ‘‘Emissions Standards for Residential Solid Fuel Burning Devices and Fireplaces’’ to restrict woodburning in Utah County, remains part of her April 1, 2004 submittal and requested that Utah’s Rule R307–301, ‘‘Oxygenated Gasoline Program,’’ be eliminated from the Federally-approved SIP. We note that on September 20, 1999, the Governor submitted Utah E:\FR\FM\02NOR1.SGM 02NOR1

Agencies

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66263-66264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21753]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-MD-0005; FRL-7992-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Repeal of NOX Budget Program COMAR 26.11.27 and 26.11.28

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving a revision to the Maryland State 
Implementation Plan (SIP). The revision repeals Maryland's Nitrogen 
Oxides (NOX) Budget Program under COMAR 26.11.27 and 
26.11.28. This action is in accordance with the Clean Air Act.

DATES: Effective Date: This final rule is effective on December 2, 
2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID Number R03-OAR-2005-MD-0005. All documents 
in the docket are listed in the RME index at https://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: Marilyn Powers, (215) 814-2308, or by 
e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 28, 2005, (70 FR 43818), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of a SIP revision to repeal Maryland's Ozone Transport Commission (OTC) 
NOX Budget Program (OTC Program) under COMAR 26.11.27 (Post-
RACT Requirements for NOX Sources) and COMAR 26.11.28 
(Policies and Procedures Relating to Maryland's NOX Budget 
Program). The formal SIP revision was submitted by the Maryland 
Department of the Environment (MDE) on December 1, 2003.

II. Summary of SIP Revision

    The SIP revision repeals Maryland's OTC Program, which implemented 
Maryland's portion of a regional cap and trade program to reduce 
transport of ozone in 12 northeastern states and the District of 
Columbia. Maryland's OTC Program has been superseded by its more 
stringent, Federally-approved NOX Reduction and Trading 
Program which satisfies the NOX SIP Call.
    A detailed discussion of the rationale for EPA's approval action is 
provided in the NPR and will not be restated here. EPA did not receive 
any comments on the NPR.

III. Final Action

    EPA is approving the repeal of COMAR 26.11.27 and 26.11.28 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 pre-existing requirements

[[Page 66264]]

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 January 3, 2006. 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 the repeal Maryland's 
NOX Budget Trading Program under COMAR 29.11.27 and 29.11.28 
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.

    Dated: October 24, 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


Sec.  52.1070  [Amended]

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by removing 
the entries for COMAR 26.11.27 (26.11.27.01 through 26.11.27.14) and 
26.11.28 (26.11.28.01 through 26.11.28.13).

[FR Doc. 05-21753 Filed 11-1-05; 8:45 am]
BILLING CODE 6560-50-P
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