[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 (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 [email protected].
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.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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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]
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