Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 66263 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 21, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In Section 52.2020, the table in 

paragraph (d)(1) is amended by adding 

the entries for Waste Management 

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 Identification of plan. 

* * * * * 

(d) * * * 

(1) * * * 

Name of source Permit No. County State effective date EPA approval date 

Additional explanation/§ 52.2063 

citation 

* * * * * * * 

Waste Management Disposal 

Services of Pennsylvania, Inc. 

(Pottstown Landfill).

OP–46–0033 Berks; Montgomery .. 4/20/99; 

1/27/04 

11/2/05 [Insert page number 

where the document begins].

52.2020(d)(1)(a). 

Waste Management Disposal 

Services of PA, Inc.

67–02047 .... York .......................... 4/20/99 11/2/05 [Insert page number 

where the document begins].

52.2020(d)(1)(a). 

Armstrong World Industries, Inc. 36–2001 ...... Lancaster .................. 7/3/99 11/2/05 [Insert page number 

where the document begins].

52.2020(d)(1)(a). 

* * * * * 

[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 

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 http://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 

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 

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. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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). 

[FR Doc. 05–21753 Filed 11–1–05; 8:45 am] 

BILLING CODE 6560–50–P 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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