Federal Register / Vol. 69, No. 30 / Friday, February 13, 2004 / Rules and Regulations 7133

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval date Federal Register notice Explanation 

Revision to Maintenance Plan for Southeast Florida Area.December 20, 2002 ...... February 13, 2004 ........ [Insert citation of 

publication] 

10 year update. 

*******

[FR Doc. 04–3074 Filed 2–12–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MD151–3107; FRL–7623–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; The 2005 ROP Plan for the 

Baltimore Severe 1-Hour Ozone 

Nonattainment Area: Revisions to the 

Plan’s Emissions Inventories and 

Motor Vehicle Emissions Budgets to 

Reflect MOBILE6

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Maryland. 

These revisions amend the Baltimore 

severe 1-hour ozone nonattainment 

area’s (the Baltimore area’s) rate-ofprogress (ROP) plan for 2005. These 

revisions update the plan’s emission 

inventories and motor vehicle emissions 

budgets (MVEBs) to reflect the use of 

MOBILE6 while continuing to 

demonstrate that the ROP requirement 

for 2005 will be met. The revisions also 

amend the contingency measures 

associated with the 2005 ROP plan. 

These revisions are being approved in 

accordance with the Clean Air Act (the 

Act).

EFFECTIVE DATE: February 13, 2004.

ADDRESSES: Copies of the documents 

relevant to this action are available 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; and 

at the Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230.

FOR FURTHER INFORMATION CONTACT:

Martin Kotsch, (215) 814–3335, or by email at Kotsch.Martin@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 30, 2003 (68 FR 75191), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of revisions to the Baltimore area’s ROP 

plan for 2005. The revisions update the 

plan’s mobile emissions inventories and 

2005 MVEBs to reflect the use of 

MOBILE6, an updated model for 

calculating mobile emissions of ozone 

precursors. The NPR also proposed 

approval of revisions which amend the 

contingency measures associated with 

the Baltimore area’s 2005 ROP plan. 

These SIP revisions were proposed 

under a procedure called parallel 

processing, whereby EPA proposes a 

rulemaking action concurrently with a 

state’s procedures for amending its SIP. 

The State’s proposed SIP revisions were 

submitted to EPA on November 3, 2003, 

by the Maryland Department of the 

Environment (MDE). On December 30, 

2003 (68 FR 75191), EPA proposed 

approval of Maryland’s November 3, 

2003, submittal. No comments were 

received during the public comment 

period on EPA’s December 30, 2003, 

proposal. The MDE formally submitted 

the final SIP revisions on December 23, 

2003. That final submittal had no 

substantive changes from the proposed 

version submitted on November 3, 2003. 

A detailed description of Maryland’s 

submittal and EPA’s rationale for its 

proposed approval were presented in 

the December 30, 2003, NPR and will 

not be restated in their entirety here. 

II. Summary of SIP Revisions 

Maryland’s December 23, 2003, SIP 

revisions consist of revised 1990 and 

2005 motor vehicle emissions 

inventories and 2005 MVEBs calculated 

using the MOBILE6 motor vehicle 

emissions model. Consistent with EPA’s 

‘‘Policy Guidance on the Use of 

MOBILE6 for SIP Development and 

Transportation Conformity,’’ MDE has 

demonstrated that the new levels of 

motor vehicle emissions calculated 

using MOBILE6 continue to 

demonstrate the required ROP for the 

Baltimore area by 2005. In addition to 

the revised motor vehicle emissions, 

MDE reallocated some of the 

contingency measures established in 

prior SIP revisions to the control 

measures portion of the 2005 ROP plan. 

EPA guidance allows States an 

additional year to adopt new 

contingency measures to replace those 

reallocated to the control measures 

portion of the plan. The State of 

Maryland’s December 23, 2003, SIP 

revision submittal includes an 

enforceable commitment to replace 

those contingency measures reallocated 

to the control measures portion of the 

plan and to submit an updated plan 

reflecting these additional contingency 

measures by October 31, 2004. 

The revised mobile inventories and 

MVEBs being approved for the 

Baltimore area’s 2005 ROP Plan are 

shown in tons per day (tpd) in Tables 

1 and 2, respectively.

TABLE 1.—MOTOR VEHICLE EMISSIONS INVENTORIES IN THE BALTIMORE AREA’S 2005 ROP PLAN

Nonattainment area 

1990 2005 

VOC

(tpd) 

NOX

(tpd) 

VOC

(tpd) 

NOX

(tpd) 

Baltimore .......................................................................................................... 165.14 228.21 55.3 146.9 

7134 Federal Register / Vol. 69, No. 30 / Friday, February 13, 2004 / Rules and Regulations 

TABLE 2.—MOTOR VEHICLE EMISSIONS BUDGETS IN THE BALTIMORE AREA’S 2005 ROP PLAN

Nonattainment area 

2005 ROP Plan 

VOC

(tpd) 

NOX

(tpd) 

Baltimore .................................................................................................................................................................. 55.3 144.5 

EPA approved new 2005 MOBILE6-

based MVEBs for the Baltimore area’s 1-

hour ozone attainment demonstration 

on October 27, 2003 (68 FR 61106). 

Those MVEBs became effective on 

November 26, 2003. The approved 2005 

attainment plan MVEBs budgets are 55.3 

tons per day of VOC and 146.9 tons per 

day of NOX. The 2005 MVEBs of the 

2005 ROP plan, as shown above in 

Table 2, are less than the MVEBs in the 

approved attainment demonstration. 

These more restrictive MVEBs, 

contained in the ROP plan, will become 

the applicable MVEBs to be used in 

transportation conformity 

demonstrations for the year 2005 for the 

Baltimore area. 

III. Final Action 

EPA is taking final action to approve 

the SIP revisions submitted by the State 

of Maryland on December 23, 2003. 

These revisions amend the 1990 and 

2005 motor vehicle emissions 

inventories and 2005 MVEBs of the 

2005 ROP plan for the Baltimore severe 

1-hour ozone nonattainment area to 

reflect the use of MOBILE6. The 

revisions submitted on December 23, 

2003, also amend the contingency 

measures associated with the 2005 ROP 

plan. These revisions include an 

enforceable commitment to replace 

those contingency measures reallocated 

to the control measures portion of the 

plan and to submit these additional 

contingency measures by October 31, 

2004. 

These SIP revisions were proposed 

under a procedure called parallel 

processing, whereby EPA proposes a 

rulemaking action concurrently with a 

state’s procedures for amending its SIP. 

The State’s proposed SIP revisions were 

submitted to EPA on November 3, 2003, 

by the Maryland Department of the 

Environment (MDE). On December 30, 

2003 (68 FR 75191), EPA proposed 

approval of Maryland’s November 3, 

2003, submittal. No comments were 

received during the public comment 

period on EPA’s December 30, 2003, 

proposal. The MDE formally submitted 

the final SIP revisions on December 23, 

2003. EPA has evaluated Maryland’s 

final SIP revisions submitted on 

December 23, 2003, and finds that no 

substantive changes were made from the 

proposed SIP revisions submitted on 

November 3, 2003. 

IV. Good Cause for the Final Rule To 

Be Effective Upon Publication 

This action shall be effective on 

publication pursuant to 5 U.S.C. 

553(d)(1). On February 4, 2004, the 

current Transportation Improvement 

Program (TIP) for the Baltimore ozone 

nonattainment area lapsed. This lapse 

means that the Baltimore ozone 

nonattainment area is subject to 

restrictions for the Federal funding of 

certain transportation projects until and 

unless a new TIP is approved. A new 

TIP has been developed which includes 

the required analyses to demonstrate 

conformity with the new MOBILE6-

based motor vehicle emissions budgets 

(MVEBs) that are the subject of this final 

action. However, these MOBILE6-based 

MVEBs must be effective before that 

new TIP can be formally reviewed by 

EPA and approved by the Federal 

Highway Administration (FHWA). EPA, 

therefore, finds good cause to make this 

final rule approving the new MOBILE6-

based MVEBs effective upon publication 

to minimize the period of time the 

Baltimore ozone nonattainment area is 

under a transportation conformity lapse.

V. 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 standard, 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.).

Federal Register / Vol. 69, No. 30 / Friday, February 13, 2004 / Rules and Regulations 7135

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 April 13, 2004. 

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 SIP revisions to the 1-hour 

ozone ROP plan for the Baltimore area 

which revise the 1990 and 2005 motor 

vehicle emissions inventories and 2005 

motor vehicle emissions budgets to 

reflect the use of MOBILE6 may not be 

challenged later in proceedings to 

enforce their requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: February 6, 2004. 

Richard J. Kampf, 

Acting Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The citation for part 52 continues to 

read as follows:

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

Subpart V—Maryland

■ 2. Section 52.1076 is amended by 

adding paragraph (n) to read as follows:

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress plan: 

ozone.

* * * * *

(n) EPA approves revisions to the 

Maryland State Implementation Plan for 

Post-1996 Rate of Progress (ROP) Plans 

for the Baltimore severe 1-hour ozone 

nonattainment area. These revisions 

were submitted by the Secretary of the 

Maryland Department of the 

Environment on December 23, 2003 and 

consist of the following: 

(1) Revisions to the base year 1990 

emissions inventory which reflect the 

use of the MOBILE6 motor vehicle 

emissions model. These revisions 

establish motor vehicle emissions 

inventories for 1990 of 165.14 tons per 

day of volatile organic compounds 

(VOC) and 228.21 tons per day of oxides 

of nitrogen (NOX). 

(2) Revisions to the year 2005 motor 

vehicle emissions budgets (MVEBs) for 

transportation conformity purposes, 

reflecting the use of the MOBILE6 motor 

vehicle emissions model. These 

revisions establish a motor vehicle 

emissions budget of 55 tons per day of 

volatile organic compounds (VOC) and 

144.5 tons per day of oxides of nitrogen 

(NOX). EPA approved new 2005 

MOBILE6-based MVEBs for the 

Baltimore area’s 1-hour ozone 

attainment demonstration on October 

27, 2003 (68 FR 61106). Those MVEBs 

became effective on November 26, 2003. 

The approved 2005 attainment plan 

MVEBs budgets are 55.3 tons per day of 

VOC and 146.9 tons per day of NOX. 

The MVEBs of the 2005 ROP plan are 

less than the MVEBs in the approved 

attainment demonstration. These more 

restrictive MVEBs, contained in the ROP 

plan, are the applicable MVEBs to be 

used in transportation conformity 

demonstrations for the year 2005 for the 

Baltimore area. 

(3) Revisions to the 2005 ROP plan to 

reallocate some of the contingency 

measures established in prior SIP 

revisions to the control measures 

portion of the plan. EPA guidance 

allows states an additional year to adopt 

new contingency measures to replace 

those reallocated to the control 

measures portion of the plan. The State 

of Maryland’s December 23, 2003 SIP 

revision submittal includes an 

enforceable commitment to replace 

those contingency measures reallocated 

to the control measures portion of the 

2005 ROP plan and to submit these 

additional contingency measures by 

October 31, 2004.

[FR Doc. 04–3224 Filed 2–12–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60

[FRL–7623–2] 

Delegation of Authority to the 

Washington State Department of 

Ecology, Benton Clean Air Authority, 

Northwest Air Pollution Authority, 

Olympic Regional Clean Air Agency, 

Puget Sound Clean Air Agency, 

Spokane County Air Pollution Control 

Authority, Southwest Clean Air 

Agency, and Yakima Regional Clean 

Air Authority for New Source 

Performance Standards

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Delegation of authority; 

technical amendment. 

SUMMARY: The Washington State 

Department of Ecology (Ecology), 

Benton Clean Air Authority (BCAA), 

Northwest Air Pollution Authority 

(NWAPA), Olympic Regional Clean Air 

Agency (ORCAA), Puget Sound Clean 

Air Agency (PSCAA), Spokane County 

Air Pollution Control Authority 

(SCAPCA), Southwest Clean Air Agency 

(SWCAA), and Yakima Regional Clean 

Air Authority (YRCAA) have submitted 

requests for delegation of EPA authority 

for implementation and enforcement of 

New Source Performance Standards 

(NSPS). The submissions cover new 

EPA standards and, in some instances, 

revisions to standards previously 

delegated to these agencies. EPA has 

reviewed the updated regulations and 

determined that these State and local air 

agencies have adequate and effective 

procedures for the implementation and 

enforcement of these Federal NSPS 

standards. This action informs the 

public of delegations to the abovementioned State and local air agencies. 

EPA is also making a technical 

amendment to update the names and 

addresses of the State and local air 

agencies that have delegation of NSPS 

standards in Washington and to update 

the informational table that shows 

which NSPS standards have been 

delegated to State and local agencies in 

Washington. This is a nonregulatory 

action.

DATES: This rule is effective on February 

13, 2004. The dates of delegation can be 

found in the SUPPLEMENTARY

INFORMATION section of this document.

ADDRESSES: Copies of information 

relating to this action, including the 

letters requesting and granting 

delegation, are available for inspection 

during normal business hours at the