[Federal Register Volume 66, Number 182 (Wednesday, September 19, 2001)]
[Rules and Regulations]
[Pages 48209-48211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23222]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD059/71/98/114-3077; FRL-7057-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Rate of Progress Plans, Corrections to the Base Year 
Inventories, and Contingency Measures for the Maryland Portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Maryland. These revisions establish the three 
percent per year emission reduction rate-of-progress (ROP) requirement 
for the period from 1996 through 2005 for the Maryland portion of the 
Philadelphia-Wilmington-Trenton ozone nonattainment area (the 
Philadelphia area), namely Cecil County. EPA is also approving 
contingency measures for failure to meet ROP and corrections to the 
1990 base year inventories of ozone precursor emissions for Cecil 
County. EPA is approving these revisions in accordance with the 
requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on October 19, 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; and Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore, 
Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Kristeen Gaffney, (215) 814-2092. Or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 13, 2001 (66 FR 36717), EPA published a notice of proposed

[[Page 48210]]

rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of the post 1996 ROP plans for milestone years 1999, 2002 and 2005 for 
the Cecil County portion of the Philadelphia ozone nonattainment area 
submitted by the State of Maryland on December 24, 1997, as revised on 
April 24 and August 18, 1998, December 21, 1999 and December 28, 2000. 
The NPR also proposed approval of revisions to the 1990 base year 
emissions inventories for Cecil County and the contingency plan for 
failure to meet ROP for Cecil County.
    Other specific requirements of Maryland's SIP revisions for the ROP 
plans, base year inventory corrections and contingency plans for Cecil 
County 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 Actions

    Final Action: EPA is approving the post 1996 ROP plans for 
milestone years 1999, 2002 and 2005 for the Cecil County portion of the 
Philadelphia-Wilmington-Trenton ozone nonattainment area submitted on 
December 24, 1997, as revised on April 24 and August 18, 1998, December 
21, 1999 and December 28, 2000.
    Final Action: EPA is approving corrections to the 1990 base year 
emissions inventories for Cecil County, submitted on December 24, 1997.
    Final Action: EPA is approving the contingency plans for failure to 
meet ROP for Cecil County submitted on December 24, 1997, as revised on 
April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

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. 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 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 
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 to approve the post 1996 ROP plans, 
inventory corrections and contingency plans for the Cecil County, 
Maryland portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area must be filed in the United States Court of Appeals 
for the appropriate circuit by November 19, 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 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone.

    Dated: September 10, 2001.
Donald S. Welsh,
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 52.1075 is amended by adding paragraph (h) to read as 
follows:

[[Page 48211]]

Sec. 52.1075  1990 base year emission inventory.

* * * * *
    (h) EPA approves revisions to the Maryland State Implementation 
Plan amending the 1990 base year emission inventories for the Cecil 
County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area, submitted by the Secretary of the Maryland 
Department of the Environment on December 24, 1997. This submittal 
consists of amendments to the 1990 base year point, area, highway 
mobile and non-road mobile source emission inventories for volatile 
organic compounds and nitrogen oxides in the Cecil County portion of 
the Philadelphia-Wilmington-Trenton ozone nonattainment area.

    3. Section 52.1076 is amended by adding paragraph (f) to read as 
follows:


Sec. 52.1076  Control strategy and rate-of-progress plans: ozone.

* * * * *
    (f)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 
2002 and 2005 for the Cecil County portion of the Philadelphia-
Wilmington-Trenton ozone nonattainment area. These revisions were 
submitted by the Secretary of the Maryland Department of the 
Environment on December 24, 1997, as revised on April 24 and August 18, 
1998, December 21, 1999 and December 28, 2000.
    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and 
2005. These plans were submitted by the Secretary of the Maryland 
Department of the Environment on December 24, 1997, as revised on April 
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
* * * * *
[FR Doc. 01-23222 Filed 9-18-01; 8:45 am]
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