[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Rules and Regulations]
[Pages 49108-49110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24067]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD057/71/98/115-3082; FRL-7066-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Rate of Progress Plans and Contingency Measures for the 
Baltimore 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 Baltimore severe ozone 
nonattainment area. EPA is also approving contingency measures for 
failure to meet ROP for the Baltimore nonattainment area. EPA is 
approving these revisions in accordance with the requirements of the 
Clean Air Act.

EFFECTIVE DATE: This final rule is effective on October 26, 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.

[[Page 49109]]


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

SUPPLEMENTARY INFORMATION:

I. Background

    On August 6, 2001 (66 FR 40947), EPA published a notice of proposed 
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 Baltimore 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 the contingency plan for failure to meet ROP for the 
Baltimore nonattainment area. Other specific requirements of Maryland's 
SIP revisions for the ROP plans and contingency plans for Baltimore 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 Baltimore 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 the contingency plans for failure to 
meet ROP for the Baltimore ozone nonattainment area 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 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 
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 ``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 to approve the post 1996 ROP plans and 
contingency plans for the Baltimore ozone nonattainment area must be 
filed in the United States Court of Appeals for the appropriate circuit 
by November 26, 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, Nitrogen dioxide, 
Ozone.

    Dated: September 18, 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 52.1076 is amended by adding and reserving paragraphs 
(h) and (i) and adding paragraph (j) to read as follows:


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

* * * * *
    (j)(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 Baltimore severe ozone nonattainment area. These 
revisions were submitted by the Secretary of the Maryland Department of 
the Environment on December 24, 1997, as

[[Page 49110]]

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 Baltimore severe 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. 01-24067 Filed 9-25-01; 8:45 am]
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