[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66263-66264]
From the Federal Register Online via the Government Publishing 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.

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SUMMARY: EPA is approving a revision to the Maryland State 
Implementation Plan (SIP). The revision repeals Maryland's Nitrogen 
Oxides (NO<INF>X</INF>) 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 <a href="/cdn-cgi/l/email-protection#12627d657760613c7f73607b7e6b7c527762733c757d64"><span class="__cf_email__" data-cfemail="9aeaf5edffe8e9b4f7fbe8f3f6e3f4daffeafbb4fdf5ec">[email protected]</span></a>.

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) 
NO<INF>X</INF> Budget Program (OTC Program) under COMAR 26.11.27 (Post-
RACT Requirements for NO<INF>X</INF> Sources) and COMAR 26.11.28 
(Policies and Procedures Relating to Maryland's NO<INF>X</INF> 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 NO<INF>X</INF> Reduction and Trading 
Program which satisfies the NO<INF>X</INF> 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 
NO<INF>X</INF> 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]

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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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