[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34257-34259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5298]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-MD-0012; FRL-8183-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate
Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. The revision consists of
modifications to the ambient air quality standards for ozone and fine
particulate matter and the replacement of the abbreviation ``ppm'' with
parts per million in existing standards. This action is being taken
under section 110 of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on July 14, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-MD-0012. All documents in the docket are listed
in the www.regulations.gov Web site. 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 through http://www.regulations.gov 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: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 13, 2005 (70 FR 59688), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of modifications to the ambient air quality standards for
ozone and fine particulate matter (PM2.5) and the replacement of the
abbreviation ``ppm'' with parts per million in existing standards. The
official SIP revision (05-01) was submitted by the State of
Maryland on March 15, 2005.
II. Summary of SIP Revision
Maryland's revision incorporates the 1997 Federal 8-hour ozone and
PM2.5 standards into Title 26, Subtitle 11, Chapter 4 of the Code of
Maryland Administrative Regulations (COMAR 26.11.04). The new ozone
standard incorporated in this SIP revision is the average of the
fourth-highest daily maximum 8-hour average ozone concentration that is
less than or equal to 0.08 ppm, averaged over three consecutive years.
The standards for PM2.5 incorporated in this SIP revision are 65
micrograms per cubic meter based on a 24-hour concentration and 15.0
micrograms per cubic meter annual arithmetic mean concentration. The
revision also includes a clarification of the unit of measure for
ambient air quality standards for sulfur oxides and nitrogen dioxide.
The abbreviation ``ppm'' has been replaced by the written form ``parts
per million''. No public comments were received on the NPR.
III. Final Action
EPA is approving the amendments to COMAR 26.11.04, consisting of
the addition of new 8-hour ozone ambient air quality standards and fine
particulate matter ambient air quality standards, as well as
clarification of the
[[Page 34258]]
unit of measure, 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 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). 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 August 14, 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 modifications to the ambient air quality
standards for ozone and fine particulate matter 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, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: June 1, 2006.
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
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2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entries for 26.11.04.03, 26.11.04.04, 26.11.04.05, 26.11.04.07, and
26.11.04.08 to read as follows:
Sec. 52.1070 Identification of plan.
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(c)* * *
EPA-Approved Regulations in the Maryland SIP
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State
Code of Maryland administrative Title/subject effective EPA approval date Additional explanation/
regulations (COMAR) citation date citation at 40 CFR 52.1100
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26.11.04 State Adopted Ambient Air Quality Standards and Guidelines
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26.11.04.03..................... Definitions, Reference Conditions, and 2/28/05 6/14/06 [Insert page number .............................
Methods of Measurement. where the document begins]
26.11.04.04..................... Particulate Matter......................... 2/28/05 6/14/2006 [Insert page number Addition of ambient air
where the document begins] quality standard for PM2.5.
26.11.04.05..................... Sulfur Oxides.............................. 2/28/05 6/14/06 [Insert page number .............................
where the document begins]
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* * * * * * *
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26.11.04.07..................... Ozone...................................... 2/28/05 6/14/06 [Insert page number Addition of 8-hour ambient
quality where the document air quality standard for
begins] ozone
26.11.04.08..................... Nitrogen Dioxide........................... 2/28/05 6/14/06 [Insert page number .............................
where the document begins]
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[FR Doc. 06-5298 Filed 6-13-06; 8:45 am]
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