Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62677

limited approval would convert to a full

approval.

Written comments must be received

on or before November 9, 2000. EPA

calls your attention to the November 9,

2000 deadline date for submittal of

comments on this proposed action to

grant limited approval of this SIP

revision submitted by the State of

Maryland. The EPA is providing a

shortened time period for comment for

two reasons. As an initial matter, this

revision is non-controversial and EPA

does not expect comment as we

proposed approval of it previously and

got comments only from the State of

Maryland. Maryland’s recent revisions

were done simply to correct the

deficiencies noted in our previous

proposed action. Moreover, this SIP

revision is necessary for full approval of

the attainment demonstration SIP for

the Metropolitan Washington, D.C.

ozone nonattainment area. The EPA is

currently under an obligation to

complete rulemaking by November 15,

2000 fully approving the attainment

demonstration for the Metropolitan

Washington, D.C. ozone nonattainment

area or, in the alternative, proposing a

Federal implementation plan.

IV. Administrative Requirements

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. This proposed 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

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). For the same

reason, this proposed rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This proposed

rule will 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), because it

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 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 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 grant

limited approval of Maryland’s NSR

regulations 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, Hydrocarbons, Ozone,

Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: October 13, 2000.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 00–26903 Filed 10–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD 096–3053; FRL–6887–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; Nitrogen Oxides Budget

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the State of

Maryland. The revision consists of

amendments to Maryland’s Nitrogen

Oxides ( NOX) Budget Program. The

revisions implement the Ozone

Transport Commission’s (OTC)

September 27, 1994 Memorandum of

Understanding (MOU) in Maryland. In

accordance with the MOU, the revisions

implement the Maryland portion of a

regional NOX cap and trade program

that significantly reduces NOX

emissions generated within the Ozone

Transport Region (OTR). EPA is

approving these revisions in accordance

with the requirements of the Clean Air

Act.

DATES: Written comments must be

received on or before November 9, 2000.

ADDRESSES: Written comments may be

mailed to David L. Arnold, Chief, Ozone

& Mobile Sources Branch, Mailcode

3AP21, U.S. EPA, Region III, 1650 Arch

Street, Philadelphia, PA 19103. Copies

of the documents relevant to this action

are available for public inspection

during normal business hours at the Air

Protection Division, EPA, Region III,

1650 Arch Street, Philadelphia, PA

19103 and Maryland Department of the

Environment, 2500 Broening Highway,

Baltimore, MD, 21224.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 28,1998, the Maryland

Department of the Environment (MDE)

submitted a revision to its SIP. The

revision to the SIP includes the

adoption of new sections .01–.14 under

a new chapter, COMAR 26.11.27—Post

RACT Requirements for NOX Sources

(Nitrogen Oxides ( NOX) Budget

Program) and new sections .01–.13

under a new chapter, COMAR

26.11.28—Polices and Procedures

Relating to Maryland’s NOX Budget

Program. On November 16, 1999 and

62678 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules

March 20, 2000, Maryland submitted

amendments to its August 28, 1998 SIP

revision request.

The Maryland’s NOX Budget Program

regulations are part of a regional NOX

reduction program based upon an MOU

drawn between the member states of the

OTC. The OTC adopted a MOU on

September 27, 1994, committing the

signatory states to the development and

implementation of a two phase regionwide reduction in NOX emissions by

1999 and 2003, respectively. As

reasonably available control technology

(RACT) to reduce NOX emissions was

required to be implemented by May of

1995, the MOU refers to the reduction

in NOX emissions to be achieved by

1999 as Phase II; and the reduction in

NOX emissions to be achieved by 2003

as Phase III. The OTC member states

include Maine, New Hampshire,

Vermont, Massachusetts, Connecticut,

Rhode Island, New York, New Jersey,

Pennsylvania, Maryland, Delaware, the

northern counties of Virginia, and the

District of Columbia. All of the OTC

members, with the exception of the

Commonwealth of Virginia, signed the

September 27, 1994 MOU. The OTC

MOU requires a reduction in ozone

season NOX emissions from utility and

large industrial combustion facilities

within the OTR to further the effort to

achieve the health-based National

Ambient Air Quality Standard (NAAQS)

for ozone. In the MOU, the OTC states

agreed to propose regulations for the

control of NOX emissions in accordance

with the following guidelines:

1. The level of NOX required would be

established from a 1990 baseline

emissions level.

2. The reduction would vary by

location, or zone, and would be

implemented in two phases utilizing a

region wide trading program.

3. The reduction would be

determined based on the less stringent

of each of the following:

a. By May 1, 1999, the affected

facilities in the inner zone shall reduce

their rate of NOX emissions by 65%

from baseline, or emit NOX at a rate no

greater than 0.20 pounds per million

Btu. (This is a Phase II requirement.)

b. By May 1, 1999, the affected

facilities in the outer zone shall reduce

their rate of NOX emissions by 55%

from baseline, or shall emit NOX at a

rate no greater than 0.20 pounds per

million Btu. (This is a Phase II

requirement.)

c. By May 1, 2003, the affected

facilities in the inner and outer zones

shall reduce their rate of NOX emissions

by 75% from baseline, or shall emit

NOX at a rate no greater than 0.15

pounds per million Btu. (This is a Phase

III requirement.)

d. By May 1, 2003, the affected

facilities in the Northern zone shall

reduce their rate of NOX emissions by

55% from baseline, or shall emit NOX at

a rate no greater than 0.20 pounds per

million Btu. (This is a Phase III

requirement.)

A Task Force of representatives from

the OTC states, organized through the

Northeast States for Coordinated Air

Use Management (NESCAUM) and the

Mid-Atlantic Regional Air Management

Association (MARAMA), was charged

with the task of developing a Model

Rule that would implement the program

defined by the OTC MOU. During 1995

and 1996, the NESCAUM/ MARAMA

NOX Budget Task Force worked with

EPA and developed a model rule as a

template for OTC states to adopt their

own rules to implement the OTC MOU.

The model was issued May 1, 1996. The

model rule was developed by and for

the OTC states to implement the Phase

II reductions called for in the MOU to

be achieved by May 1, 1999. The model

rule does not include the

implementation of Phase III.

Summary of SIP Revision

Maryland’s regulations of COMAR

26.11.27, Post RACT Requirements for

NOX Sources ( NOX Budget Program)

and COMAR 26.11.28, Polices and

Procedures Relating to Maryland’s NOX

Budget Program are based solely upon

the ‘‘NESCAUM/MARAMA NOX Budget

Rule’’ issued in May 1, 1996. The model

rule was developed by the states in the

OTR using the EPA’s economic

incentive rules (67 FR 16690) which

were published on April 7, 1994, as the

general regulatory framework.

On August 28, 1998, Maryland

submitted a revision to its SIP. The

revision consists of amendments to

COMAR 26.11.27, Post RACT

Requirements for NOX Sources (NOX

Budget Program) and COMAR 26.11.28,

Polices and Procedures Relating to

Maryland’s NOX Budget Program. Post

RACT Requirements for NOX Sources,

COMAR 26.11.27, is divided in fourteen

sections: (.01) Definitions; (.02)

Incorporation by Reference; (.03)

Applicability; (.04) General

Requirements; (.05) Allowance

Allocations; (.06) Identification of

Authorized Account Representatives;

(.07) Allowance Banking; (.08) Emission

Monitoring; (.09) Reporting; (.10) Record

Keeping; (.11) End-of-Season

Reconciliation; (.12) Compliance

Certification; (.13) Penalties; (.14) Audit.

Polices and Procedures Relating to

Maryland’s NOX Budget Program,

COMAR 26.11.28, is divided in thirteen

sections: (.01) Scope; (.02) Definitions;

(.03) Procedures Relating to Compliance

Accounts; (.04) Procedures Relating to

General Accounts; (.05) Allowance

Banking, (.06) Allowance Transfer; (.07)

Emissions Monitoring; (.08) Early

Reduction Allowances; (.09) Opt-in

Procedures; (.10) Audit Provisions; (.11)

Allocations to Units in Operation in

1990; (.12) Allocations to Budget

Sources Beginning Operation or for

Which a Permit Was Issued After 1990

and Before January 1, 1998; (.13) Percent

Contribution of Budget by Company.

On November 16, 1999, MDE

submitted amendments to its August 28,

1998 SIP revision request. The purpose

of these amendments is to change the

compliance date of the Maryland NOX

Budget Program from May 1, 1999 to

May 1, 2000. The revisions to the

August 28, 1998 submittal include

amendments to Regulations (.04)

General Requirements, (.07) Allowance

Banking, and (.11) End-of-Season

Reconciliation under COMAR 26.11.27

and the repeal of Regulation (.08) Early

Reduction Allowances under COMAR

26.11.28.

On March 20, 2000, MDE submitted

amendments to its August 28, 1998 SIP

revision request consisting of two

enforceable consent agreements between

MDE and the Baltimore Gas and Electric

Company and the Potomac Electric

Power Company. These consent

agreements impose special conditions

and time lines for both companies

regarding the implementation of

Maryland’s NOX Budget Trading

Program requirements. A more detailed

description of Maryland’s NOX Budget

Trading Program requirements, the two

consent agreements and EPA’s rationale

for approving them as a SIP revision are

provided in the Technical Support

Document (TSD) prepared for this rule.

Copies of the TSD are available upon

request from the EPA Regional office

listed in the ADDRESSES section of this

document.

Proposed Action

EPA is proposing to approve a

revision to the Maryland SIP consisting

of COMAR 26.11.27, Post RACT

Requirements for NOX Sources (NOX

Budget Program) and COMAR 26.11.28,

Polices and Procedures Relating to

Maryland’s NOX Budget Program, as

submitted on August 28, 1998 and as

amended on November 16, 1999 and

March 20, 2000. These revisions

implement Maryland’s portion of Phase

II of the OTC’s MOU to reduce nitrogen

oxides.

Written comments must be received

on or before November 9, 2000. EPA

calls your attention to the November 9,

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Proposed Rules 62679

2000 deadline date for submittal of

comments on this proposed action to

approve this SIP revision submitted by

the State of Maryland. The EPA is

providing a shortened time period for

comment for two reasons. As an initial

matter, this revision is non-controversial

and EPA does not expect comment as

Maryland’s OTC NOX Budget Program is

based upon the model rule developed

by the NESCAUM and MARAMA states.

The two enforceable consent agreements

between MDE and the Baltimore Gas

and Electric Company and the Potomac

Electric Power Company are sourcespecific and affect no other facilities.

Moreover, this SIP revision is necessary

for full approval of the attainment

demonstration SIP for the Metropolitan

Washington, D.C. ozone nonattainment

area. The EPA is currently under an

obligation to complete rulemaking by

November 15, 2000 fully approving the

attainment demonstration for the

Metropolitan Washington, D.C. ozone

nonattainment area or, in the

alternative, proposing a federal

implementation plan.

Administrative Requirements

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. 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). For the same

reason, this proposed rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This proposed

rule will 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), because it

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 (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. 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 action to propose approval

of Maryland NOX Budget Program 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, Nitrogen dioxide,

Ozone, Reporting and recordkeeping

requirements.

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

Dated: October 13, 2000.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 00–26902 Filed 10–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC048–2022; FRL–6887–8]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; Nitrogen Oxides Budget

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the District of

Columbia (the District). This revision

implements the District’s portion of the

Ozone Transport Commission’s (OTC)

September 27, 1994 Memorandum of

Understanding (MOU) which describes

a regional nitrogen oxides ( NOX) cap

and trade program that will significantly

reduce NOX emissions generated within

the Ozone Transport Region (OTR). The

intended effect of this action is to

propose approval of the District’s

regulations entitled, NOX Emissions

Budget Program as a SIP revision in

accordance with the requirements of the

Clean Air Act.

DATES: Written comments must be

received on or before November 9, 2000.

ADDRESSES: Written comments may be

mailed to David L. Arnold, Chief, Ozone

& Mobile Sources Branch, Mailcode

3AP21, U.S. Environmental Protection

Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

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

District of Columbia Department of

Public Health, Air Quality Division, 51

N Street, N.E., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or

via e-mail at

fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On August 28, 2000, the District’s

Department of Health submitted a

revision to its SIP. The revision to the

SIP includes the addition of a new

Chapter 10, Nitrogen Oxides Emissions

Budget Program, to Title 20 of the

District of Columbia Municipal

Regulations (DCMR).

The District’s NOX Budget Program

regulations are part of a regional NOX