[Federal Register Volume 65, Number 242 (Friday, December 15, 2000)]
[Rules and Regulations]
[Pages 78416-78418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32001]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 096-3061; FRL-6916-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Nitrogen Oxides Budget Program

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 amendments 
to Maryland's Nitrogen Oxides ( NOX) Budget Program. The 
revisions implement the Ozone Transport Commission's (OTC) September 
27, 1994 Memorandum of Understanding (MOU) in Maryland. In accordance 
with the MOU, the revisions implement the Maryland portion of a 
regional NOX cap and trade program that significantly 
reduces NOX emissions generated within the Ozone Transport 
Region (OTR). EPA is approving these revisions in accordance with the 
requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on January 16, 2001.

ADDRESSES: Copies of the documents relevant to this action are 
available 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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460; and the Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore, 
Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Cristina Fernandez, (215) 814-2178, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 28,1998, the Maryland Department of the Environment (MDE) 
submitted a revision to its SIP. The revision to the SIP includes the 
adoption of new sections .01-.14 under a new chapter, COMAR 26.11.27--
Post RACT Requirements for NOX Sources (Nitrogen Oxides ( 
NOX) Budget Program) and new sections .01-.13 under a new 
chapter, COMAR 26.11.28--Polices and Procedures Relating to Maryland's 
NOX Budget Program. The revisions implement the Ozone 
Transport Commission's (OTC) September 27, 1994 Memorandum of 
Understanding (MOU) in Maryland. In accordance with the MOU, the 
revisions implement the Maryland portion of a regional NOX 
cap and trade program that significantly reduces NOX 
emissions generated within the Ozone Transport Region (OTR).
    On November 16, 1999, MDE submitted amendments to its August 28, 
1998 SIP revision request. The purpose of these amendments was to 
change the compliance date of the Maryland NOX Budget 
Program from May 1, 1999 to May 1, 2000. The revisions to the August 
28, 1998 submittal include amendments to Regulations (.04) General 
Requirements, (.07) Allowance Banking, and (.11) End-of-Season 
Reconciliation under COMAR 26.11.27 and the repeal of Regulation (.08) 
Early Reduction Allowances under COMAR 26.11.28. On March 20, 2000, MDE 
submitted amendments to its August 28, 1998 SIP revision request 
consisting of two enforceable consent agreements between MDE and the 
Baltimore Gas and Electric Company and the Potomac Electric Power 
Company. These consent agreements impose special conditions and time 
lines for both companies regarding the implementation of Maryland's 
NOX Budget Trading Program requirements.
    On October 19, 2000 (65 FR 62671), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland proposing to 
approve the August 28, 1998 SIP revision request as amended by the 
November 16, 1999 and March 20, 2000 submittals. That NPR

[[Page 78417]]

provided for a public comment period ending on November 9, 2000. On 
November 9, 2000 (65 FR 67319), EPA published a notice extending the 
comment period to November 20, 2000. A detailed description of these 
SIP revisions and EPA's rationale for approving were provided in the 
October 19, 2000 NPR and will not be restated here. EPA received no 
comments on its proposed action to approve this SIP revision.

II. Final Action

    EPA is approving a revision to the Maryland SIP consisting of COMAR 
26.11.27, Post RACT Requirements for NOX Sources ( 
NOX Budget Program) and COMAR 26.11.28, Polices and 
Procedures Relating to Maryland's NOX Budget Program, as 
submitted on August 28, 1998 and as amended on November 16, 1999 and 
March 20, 2000. These revisions implement Maryland's portion of Phase 
II of the OTC's MOU to reduce nitrogen oxides. Moreover, this SIP 
revision is necessary for full approval of the attainment demonstration 
SIP for the Metropolitan Washington, DC ozone nonattainment area.

III. Administrative Requirements

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. 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). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 
merely approves a state rule implementing a federal standard, 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 (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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this 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. 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 February 13, 2001. 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 Maryland NOX Budget 
Program 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: December 1, 2000.
Bradley M. Campbell,
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

    2. Section 52.1070 is amended by adding paragraph (c)(151) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (151) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998, November 16, 1999 and March 20, 2000 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (B) Letter of November 16, 1999 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (C) Letter of March 20, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation

[[Page 78418]]

Plan pertaining to the Nitrogen Oxides Budget Program.
    (D) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective June 1, 1998.
    (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except 
COMAR 26.11.27.04, .07 and .11.
    (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except 
COMAR 26.11.28.08.
    (E) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective October 18, 1999, consisting of the addition 
of new COMAR 26.11.27.04, .07 and .11.
    (F) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the 
Maryland Department of the Environment and the Potomac Electric Power 
Company, effective September 13, 1999.
    (G) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the 
Maryland Department of the Environment and the Baltimore Gas & Electric 
Company, effective November 19, 1999.
    (ii) Additional Material--Remainder of August 28, 1998, November 
16, 1999 and March 20, 2000 submittals pertaining to the Nitrogen 
Oxides Budget Program.

[FR Doc. 00-32001 Filed 12-14-00; 8:45 am]
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