[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Rules and Regulations]
[Pages 76920-76922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R03-OAR-2006-0353; FRL-8259-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Redesignation of the Kent and Queen Anne's 8-Hour Ozone
Nonattainment Area to Attainment and Approval of the Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a redesignation request and a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
The Maryland Department of the Environment (MDE) is requesting that
Kent and Queen Anne's 8-hour Ozone Nonattainment Area (Kent and Queen
Anne's area) be redesignated as attainment for the 8-hour ozone
national ambient air quality standard (NAAQS). In conjunction with its
redesignation request, the State submitted a SIP revision consisting of
a maintenance plan which provides for continued attainment of the 8-
hour ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA
is approving the maintenance plan as meeting the requirements of Clean
Air Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan
update. EPA is also approving the adequacy determination for the motor
vehicle emission budgets (MVEBs) that are identified in the 8-hour
maintenance plan for Kent and Queen Anne's area for purposes of
transportation conformity, and is approving those MVEBs. EPA is
approving the redesignation request and the maintenance plan revision
to the Maryland SIP in accordance with the requirements of the CAA.
DATES: Effective Date: This final rule is effective on January 22,
2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0353. 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
Environment, 1800 Washington Boulevard, 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 10, 2006 (71 FR 59414), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of Maryland's redesignation request and a SIP revision that
establishes a maintenance plan for Kent and Queen Anne's area setting
forth how Kent and Queen Anne's will maintain attainment of the 8-hour
ozone NAAQS for the next 12 years. The formal SIP revision was
submitted on May 2, 2006 and supplemented on May 19, 2006. Other
specific requirements of Maryland's redesignation request and SIP
revision for the maintenance plan and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
II. Final Action
EPA is approving the State of Maryland's redesignation request and
maintenance plan for the Kent and Queen Anne's area because the
requirements for approval have been satisfied. EPA has evaluated
Maryland's redesignation request, submitted on May 2, 2006, and
determined that it meets the redesignation criteria set forth in
section 107(d)(3)(E) of the CAA. EPA believes that the redesignation
request and monitoring data demonstrate that the Kent and Queen Anne's
area has attained the 8-hour ozone standard. The final approval of this
redesignation request will change the designation of the Kent and Queen
Anne's area from nonattainment to attainment for the 8-hour ozone
standard. EPA is approving the associated maintenance plan for this
area, dated March 15, 2006 and submitted on May 2, 2006, as a revision
to the Maryland SIP. EPA is concurrently approving the maintenance plan
for the Kent and Queen Anne's area as the 1-hour ozone maintenance plan
update pursuant to 175A(b).
In this final rulemaking, EPA is notifying the public that we have
found that the motor vehicle emissions budgets for NOX and
VOCs in the Kent and Queen Anne's Counties, Maryland submitted 8-hour
ozone maintenance plan are adequate and approved for conformity
purposes. As a result of our finding, Kent and Queen Anne's Counties
must use the motor vehicle emissions budgets from the submitted 8-hour
ozone maintenance plan for future conformity determinations. The
adequate and approved motor vehicle emissions budgets are provided in
the following table:
Adequate and Approved Motor Vehicle Emissions Budgets
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Relevant pollutants and
Budget year precursors Relevant pollutants and precursors
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2009.................................... NOX 5.11 Tons/Day.......... VOCs 2.72 Tons/Day.
2018.................................... NOX 2.38 Tons/Day.......... VOCs 1.62 Tons/Day.
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[[Page 76921]]
Kent and Queen Anne's area is subject to the CAA's requirements for
basic ozone nonattainment areas until and unless it is redesignated to
attainment.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Redesignation of an area to attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any new requirements on small
entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources.
Accordingly, the Administrator certifies that this final 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 (Pub. L. 104-4). This final rule
also does 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), nor will it 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 affects the status of a geographical area, does not impose
any new requirements on sources, or allow the state to avoid adopting
or implementing other requirements, and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This final 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. Redesignation is an
action that affects the status of a geographical area and does not
impose any new requirements on sources. 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
final 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.
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 February 20, 2007. 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 redesignation request, maintenance plan
and adequacy determination for MVEBs for the Kent and Queen Anne's
area, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Nitrogen dioxides, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 15, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR parts 52 and 81 are 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
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding an
entry for the 8-Hour Ozone Maintenance Plan for the Kent and Queen
Anne's Area at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
[[Page 76922]]
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
8-Hour Ozone Maintenance Plan Kent and Queen 05/2/06, 05/19/06. December 22, 2006
for the Kent and Queen Anne's Anne's Counties. [Insert page
Area. number where the
document begins].
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PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.321 is amended by revising the ozone table entry for the
Kent and Queen Anne's Area to read as follows:
Sec. 81.321 Maryland.
* * * * *
Maryland--Ozone (8-Hour Standard)
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Designation \a\ Category/ classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
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Kent and Queen Anne's Area
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Kent County.................... December 22, 2006. Attainment.
Queen Anne's County............ December 22, 2006. Attainment.
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* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Early Action Compact Area, effective date deferred until December 31, 2006.
\3\ November 22, 2004.
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[FR Doc. E6-21887 Filed 12-21-06; 8:45 am]
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