[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Proposed Rules]
[Pages 32928-32932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD153-3109; FRL-7672-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revised Major Stationary Source Applicability for Reasonably 
Available Control Technology and Permitting and Revised Offset Ratios 
for the Washington Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland on December 1, 2003. This 
revision pertains to changes in Maryland's regulations for new source 
permitting for major sources of volatile organic compound (VOC) and 
nitrogen oxides (NOX) emissions and regulations requiring 
reasonably available control technology on major stationary sources of 
nitrogen oxides in the Washington, DC ozone nonattainment area. The 
revision modifies the currently approved SIP to make the following

[[Page 32929]]

changes applicable in the Washington, DC ozone nonattainment area: 
modify the emissions offset ratio; lower the applicability threshold of 
the new source review (NSR) permit program; and, lower the 
applicability threshold of the NOX reasonable available 
control technology (NOX RACT) rule. Maryland made these 
changes in response to the reclassification of the Washington, DC ozone 
nonattainment area to severe nonattainment. The intended effect of this 
action is to propose approval of these changes to Maryland's NSR 
permitting program and NOX RACT regulations for the 
Washington, DC ozone nonattainment area.

DATES: Written comments must be received on or before July 14, 2004.

ADDRESSES: Submit your comments, identified by MD153-3109 by one of the 
following methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. E-mail: [email protected].
    C. Mail: Makeba Morris, Chief, Air Quality Planning Branch, 
Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. MD153-3109. 
EPA's policy is that all comments received will be included in the 
public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    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; Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland, 
21230, Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On December 1, 2003, the Maryland Department 
of the Environment submitted a revision (MD SIP Revision Number 03-08) 
to the Maryland State Implementation Plan (SIP) for the Washington, DC 
ozone nonattainment area. This revision amends the approved Maryland 
SIP to: revise the definition of major stationary source in the Code of 
Maryland Regulations (COMAR) 26.11.17.01B(13); incorporate changes in 
the general provisions found in COMAR 26.11.17.03B(3) which require 
proposed new major stationary sources to obtain emission reductions, or 
offsets, of the same pollutant from existing sources in the area of the 
proposed source at a ratio of 1.3 tons of existing emissions for every 
1 ton of proposed emissions; and change the threshold of applicability 
of Maryland's NOX RACT regulation, COMAR 26.11.09.08 to 
sources with emission of 25 or more tons per year of NOX.

I. Background

A. What Is Nonattainment NSR?

    The major NSR program contained in parts C and D of title I of the 
Clean Air Act (the Act) is a preconstruction review and permitting 
program applicable to new or modified major stationary sources of air 
pollutants regulated under the Act. In areas not meeting health-based 
National Ambient Air Quality Standards (NAAQS) and in ozone transport 
regions (OTR), the program is implemented under the requirements of 
part D of title I of the Act. We call this program the ``nonattainment 
NSR'' program. (The other provisions of part C of title I to the Act, 
that are applicable to areas meeting the NAAQS (``attainment'' areas) 
or for which there is insufficient information to determine whether 
they meet the NAAQS (``unclassifiable'' areas), are not the subject of 
this proposed rule.)
    The nonattainment NSR program applies only to new sources if the 
source is ``major.'' In a serious area a source is considered major if 
it has the potential to emit 50 or more tons per year of VOC or 
NOX emissions. In a severe area a source is considered major 
if it has the potential to emit 25 or more tons per year of VOC or 
NOX emissions. The minimum required offset ratio in a 
serious area is 1.2 to 1 but is 1.3 to 1 in a severe area.

B. What Is NOX RACT?

    The Act requires SIPs to require existing major stationary sources 
of VOC emissions to install and implement RACT in ozone nonattainment 
areas classified as moderate and worse.
    Section 182(f) of the Act requires that States impose the same 
requirements on major stationary sources of NOX as on major 
stationary sources of VOC.\1\ Section 182(f) specifies that major 
stationary sources of NOX are to be defined according to the 
definitions in sections 302 and 182(c), (d), and (e). In ozone 
nonattainment areas these definitions for NOX are the same 
as for VOC and, as such, vary from 10 to 100 tons per year according to 
the classification of the ozone nonattainment area. The thresholds for 
the applicability of rules requiring RACT on existing major stationary 
sources of NOX emissions (NOX RACT) in serious 
and severe areas are the same as for nonattainment NSR, that is, for 
serious areas the major source threshold is 50 tons per year potential 
emissions, and for severe areas the threshold is 25 tons per year 
potential emissions. (Like the nonattainment NSR requirements, the 
remainder of the state is subject to a 100 tons per year applicability 
threshold for NOX RACT.)
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    \1\ Section 182(f) establishes conditions for the only 
exceptions to this requirement, none of which apply in the case of 
the Washington, DC area.
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C. When Were Maryland's Regulations for Nonattainment NSR and 
NOX RACT for the Washington, DC Area Approved?

    On February 8, 2001 (66 FR 9522), EPA approved Maryland's 
NOX RACT rule COMAR 26.11.0.08. On February 12, 2001 (66 FR 
9766) EPA approved a revision to the Maryland State Implementation Plan 
(SIP) that consisted of Maryland's nonattainment NSR permitting 
requirements. At the time of these final actions, the Washington, DC 
area was classified as a serious ozone nonattainment area.

[[Page 32930]]

D. What Changes Were Necessary to Maryland's Nonattainment NSR and 
NOX RACT Rules as a Result of the Reclassification of the 
Washington, DC Area to Severe Nonattainment?

    On January 24, 2003 (68 FR 3410), EPA reclassified the Washington, 
DC ozone nonattainment area from serious nonattainment to severe 
nonattainment. Among the new requirements mandated by section 182(d) of 
the Act are the requirements to make the following changes to the 
Maryland SIP for the Washington, DC ozone nonattainment area:
    (1) Lower to 25 tons per year the threshold for applicability of 
new source review permitting requirements for major stationary sources 
of VOC and NOX from the 50 tons per year level required in 
serious areas,
    (2) Increase the offset ratio to 1.3 to 1 from the 1.2 to 1 ratio 
required in serious areas, and,
    (3) Lower to 25 tons per year the threshold for application of RACT 
on existing major stationary sources of NOX from the 50 tons 
per year level required in serious areas.
    On December 1, 2003, the Maryland Department of the Environment 
submitted a revision (MD SIP Revision Number 03-08) to the Maryland 
State Implementation Plan (SIP) to amend the approved Maryland SIP to 
meet these new requirements. The revision consists of a revised 
definition of major stationary source in COMAR 26.11.17.01B(13), a 
change in the general provisions found in COMAR 26.11.17.03B(3) which 
require proposed new major stationary sources to obtain emission 
reductions, or offsets, of the same pollutant from existing sources in 
the area of the proposed source at a ratio of 1.3 tons of existing 
emissions for every 1 ton of proposed emissions, and change the 
threshold of applicability of Maryland's NOX RACT 
regulation, COMAR 26.11.09.08 to sources with emission of 25 or more 
tons per year of NOX.

II. New Source Permitting Requirements

A. What Were the Nonattainment NSR Applicability Threshold and Offset 
Ratio in the Maryland SIP Prior To Adoption of the December 1, 2003, 
SIP Revision?

    On February 12, 2001 (66 FR 9766) EPA approved a revision to the 
Maryland State Implementation Plan (SIP) that consisted of Maryland's 
nonattainment NSR permitting requirements. This revision required major 
new sources and major modifications to existing sources of VOC or 
NOX emissions to meet nonattainment NSR permitting 
requirements if they are proposing to locate or are located within the 
State of Maryland. These nonattainment NSR requirements apply not only 
in those portions of Maryland designated as ozone nonattainment areas, 
but throughout the State of Maryland because the entire state is 
located within the Ozone Transport Region (OTR).\2\ As a result of the 
1990 amendments to the Act, Maryland's permitting programs for major 
new source and major modifications had to cover serious and severe 
ozone nonattainment areas, the OTR requirements and requirements for 
carbon monoxide (CO) nonattainment areas.\3\
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    \2\ The Act imposes the OTR requirements on the entire State, 
but those portions of the State that are classified as serious or 
severe nonattainment must implement the more stringent serious or 
severe requirements.
    \3\ Neither the OTR nor CO requirements would be impacted by 
this proposed rule. These requirements are noted to provide 
background and context for excerpts of the pertinent COMAR test in 
which the OTR and CO requirements to be found elsewhere in this 
document.
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    The requirements that are pertinent to this proposed rule are the 
new source review permitting requirements for serious and severe ozone 
nonattainment areas. Specifically, among the numerous requirements for 
nonattainment NSR permitting requirements the pertinent requirements 
are those relating to the thresholds for applicability of the 
regulations and offset ratios. The following table compares these 
requirements for OTR, serious and severe areas.

                        Table of Major Source Applicability Thresholds and Offset Ratios
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                                                                      Type of Area
             Requirement              --------------------------------------------------------------------------
                                                 OTR                    Serious                   Severe
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Major new source threshold for VOC     50 tons per year.......  50 tons per year.......  25 tons per year
 sources.
Major new source threshold for NOX     100 tons per year......  50 tons per year.......  25 tons per year
 sources.
Offset ratio.........................  1.15 to 1..............  1.2 to 1...............  1.3 to 1
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    Prior to the reclassification, Maryland's new source permitting 
rules contained both the serious and severe ozone nonattainment area 
requirements as well as the ozone transport region requirements that 
were applicable in portions of the State that were not classified as 
serious or severe.\4\ The serious ozone nonattainment area requirements 
were applicable in the Maryland portion--Calvert, Charles, Frederick, 
Montgomery, and Prince George's counties--of the Washington, DC serious 
ozone nonattainment area. The severe ozone nonattainment area 
requirements were applicable in the Baltimore area--Baltimore City, 
and, Anne Arundel, Baltimore, Carroll, Cecil, Harford, and Howard 
counties, and, applicable in the Maryland portion, Cecil County, of the 
Philadelphia-Wilmington-Trenton severe ozone nonattainment areas.
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    \4\ And the Maryland Regulations also covered carbon monoxide 
nonattainment area requirements as well.
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B. How Did Maryland Change the Applicability Threshold for Major 
Stationary Sources and What Is EPA's Evaluation of the Changes?

    Maryland's regulations set the threshold for major stationary 
sources by listing which counties were subject to the 100 tons per year 
of NOX threshold for those areas subject only to the OTR 
requirement, which counties are subject to the 50 tons per year VOC 
threshold applicable in serious areas and the OTR, and which counties 
are subject to the 25 tons per year of NOX or VOC threshold 
applicable in severe areas. In Maryland's regulations this is done 
through the definition of ``major stationary source'' in COMAR 
26.11.17.01B(13)(a). Prior to adoption of the December 1, 2003, SIP 
revision, this section B(13)(a) read as follows:

    (a) ``Major stationary source'' means any stationary source of 
air pollution which emits or has the potential to emit:
    (i) 25 tons or more per year of VOC or NOX for 
sources located in Baltimore City or Anne Arundel, Baltimore, 
Carroll, Cecil, Harford, or Howard counties;
    (ii) 50 tons or more per year of VOC for sources located in 
Allegany, Calvert, Caroline, Charles, Dorchester, Frederick, 
Garrett, Kent, Montgomery, Prince George's Queen Anne's, St. Mary's, 
Somerset, Talbot, Washington, Wicomico, or Worcester counties;
    (iii) 50 tons or more per year of NOX for sources 
located in Calvert, Charles, Frederick, Harford, Howard, Montgomery, 
or Prince George's counties;
    (iv) 100 tons or more per year of NOX for sources 
located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 
Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or 
Worcester counties; or
    (v) 100 tons or more per year of carbon monoxide for sources 
located in the areas designated as nonattainment for carbon monoxide 
in 40 CFR 81.321, 1991 edition, as amended on page 56733 of the 
Federal Register, Vol. 56, No. 215, dated November 6, 1991.


[[Page 32931]]


    (The inclusion of the thresholds for NOX and VOC sources 
located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, 
St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester 
counties is due the OTR requirements of section 184 of the Act.)
    On December 1, 2003, Maryland submitted a revision to the 
definition of ``major stationary source'' in COMAR 26.11.17.01B that 
added: (1) The Washington area counties of Calvert, Charles, Frederick, 
Montgomery, and Prince George's to section B(13)(a)(i) thus making 25 
tons per year or more of VOC or NOX for sources the major 
source threshold in this area, deleted section B(13)(iii) that 
contained the 50 tons per year threshold for NOX sources 
applicable to only serious areas, deleted the Washington area counties 
of Calvert, Charles, Frederick, Montgomery, and Prince George's from 
section (13)(a)(ii), and renumbered sections B(13)(a)(c)(iv) and (v) to 
section B(13)(A)(iii) and (iv). The revised section B(13)(a) now reads:

    (a) ``Major stationary source'' means any stationary source of 
air pollution which emits or has the potential to emit:
    (i) 25 tons or more per year of VOC or NOX for 
sources located in Baltimore City or Anne Arundel, Baltimore, 
Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, 
Montgomery, or Prince George's counties;
    (ii) 50 tons or more per year of VOC for sources located in 
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester 
counties;
    (iii) 100 tons or more per year of NOX for sources 
located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 
Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or 
Worcester counties; or
    (iv) 100 tons or more per year of carbon monoxide for sources 
located in the areas designated as nonattainment for carbon monoxide 
in 40 CFR 81.321, 1991 edition, as amended on page 56733 of the 
Federal Register, Vol. 56, No. 215, dated November 6, 1991.

    EPA has concluded that the December 1, 2003, SIP revision has 
properly implemented the necessary change in the applicability 
threshold for the Washington, DC ozone nonattainment area necessitated 
by the January 24, 2003, reclassification action. The changes to the 
definition of ``major stationary source'' in COMAR 26.11.17.01B now 
requires that all new stationary sources whose potential emissions of 
VOC or NOX emissions are 25 tons per year or greater are now 
classified as major sources subject to the provisions of COMAR 
26.11.1.7.

C. How Did Maryland Change the Offset Ratio and What Is EPA's 
Evaluation of the Changes?

    In a manner similar to the nonattainment NSR applicability 
threshold for major stationary sources, Maryland's regulations set the 
offset ratio by listing which counties were subject to the 1.15 to 1 
OTR requirement, which to the 1.2 to 1 ratio for serious areas, and 
which to the 1.3 to 1 ratio for severe areas. This is found at COMAR 
26.11.17.03B(3). Prior to adoption of the December 1, 2003, SIP 
revision, this section read as follows:

    (3) The applicant has met the reasonable further progress 
requirements in section 173(a)(1)(A) of the Clean Air Act by 
obtaining emission reductions (offsets) of the same pollutant from 
existing sources in the area of the proposed source, whether or not 
under the same ownership, in accordance with the following ratios, 
at a minimum:
    (a) 1.3 to 1 for sources of VOC or NOX in Baltimore 
City, or Anne Arundel, Baltimore, Carroll, Cecil, Harford, or Howard 
counties,
    (b) 1.2 to 1 for sources of VOC or NOX in Calvert, 
Charles, Frederick, Montgomery, or Prince George's counties,
    (c) 1.15 to 1 for sources of VOC or NOX in Allegany, 
Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. 
Mary's, Talbot, Washington, Wicomico, or Worcester counties,
    (d) 1.1 to 1 for sources of CO in CO nonattainment areas 
specified in Regulation .01B(13) of this chapter;

    On December 1, 2003, Maryland submitted a revision to COMAR 
26.11.17.03B(3) that added the Washington area counties to section 
B(3)(a), deleted section B(3)(b) and renumbered the remaining sections 
to result in a section B(3) that reads as follows:

    (3) The applicant has met the reasonable further progress 
requirements in section 173(a)(1)(A) of the Clean Air Act by 
obtaining emission reductions (offsets) of the same pollutant from 
existing sources in the area of the proposed source, whether or not 
under the same ownership, in accordance with the following ratios, 
at a minimum:
    (a) 1.3 to 1 for sources of VOC or NOX in Baltimore 
City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, 
Frederick, Harford, Howard, Montgomery, or Prince George's counties,
    (b) 1.15 to 1 for sources of VOC or NOX in Allegany, 
Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. 
Mary's, Talbot, Washington, Wicomico, or Worcester counties,
    (c) 1.1 to 1 for sources of CO in CO nonattainment areas 
specified in Regulation .01B(13) of this chapter;

    EPA has concluded that the December 1, 2003, SIP revision has 
properly implemented the necessary change in the offset ratio for the 
Washington, DC ozone nonattainment area necessitated by the January 24, 
2003, reclassification action. The changes to COMAR 26.11.17.03B(3) now 
require that the 1.3 to 1 offset ratio be applied in the Washington, DC 
area.

III. How Did Maryland Change the Applicability Threshold for NOX RACT 
and What Is EPA's Evaluation of the Changes?

    On February 8, 2001 (66 FR 9522), EPA approved Maryland's 
NOX RACT rule COMAR 26.11.0.08. As is done for the 
nonattainment NSR applicability threshold, Maryland's regulations set 
the applicability threshold for NOX RACT by listing which 
counties were subject to the 100 tons per year threshold for those 
areas subject only to the OTR requirement, which counties are subject 
to the 50 tons per year threshold for serious areas, and which counties 
are subject to the 25 tons per year threshold for severe areas. These 
provisions are found in COMAR 26.11.09.08A(1). Prior to adoption of the 
December 1, 2003, SIP revision, COMAR 26.11.09.08A(1) read as follows:

    (1) This regulation applies to a person who owns or operates an 
installation that causes emissions of NOX and is located 
at premises that have total potential to emit:
    (a) 25 tons or more per year of NOX and is located in 
Baltimore City, or Anne Arundel, Baltimore, Carroll, Cecil, Harford, 
or Howard counties; or
    (b) 50 tons or more per year of NOX and is located in 
Calvert, Charles, Frederick, Montgomery, or Prince George's 
counties; or
    (c) 100 tons or more per year of NOX and is located 
in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester 
counties.

    On December 1, 2003, Maryland submitted a revision to COMAR 
26.11.09.08A(1) that added the Washington area counties to section 
A(1)(a), deleted section A(1)(b) and renumbered the remaining section 
to result in a section A(1) that reads as follows:

    (1) This regulation applies to a person who owns or operates an 
installation that causes emissions of NOX and is located 
at premises that have total potential to emit:
    (a) 25 tons or more per year of NOX and is located in 
Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, 
Charles, Frederick, Harford, Howard, Montgomery, or Prince George's 
counties; or
    (b) 100 tons or more per year of NOX and is located 
in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester 
counties.

    EPA has concluded that the December 1, 2003, SIP revision has 
properly implemented the necessary change in the applicability 
threshold for the

[[Page 32932]]

Washington, DC ozone nonattainment area necessitated by the January 24, 
2003, reclassification action. The revised COMAR 26.11.09.08A(1) now 
requires that all stationary sources in the Washington, DC area of 
NOX emissions be subject to Maryland's NOX RACT 
rule if the emissions of NOX are 25 tons or more per year.

IV. Proposed Action

    EPA's review of this submittal indicates that Maryland has revised 
its nonattainment NSR rules and its NOX RACT rules as 
required by the reclassification of the Washington DC area to severe 
ozone nonattainment. EPA is proposing to approve the Maryland SIP 
revision, which was submitted on December 1, 2003, that revised 
definition of major stationary source found in COMAR 26.11.17.01B(13), 
that changed the general emission offset provisions found in COMAR 
26.11.17.03B(3), and, that changed COMAR 26.11.09.08A(1) to add the 
Washington area counties to the areas where NOX RACT is 
required on stationary sources emitting 25 tons or more per year. EPA 
is soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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 proposed 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 proposed rule to approve Maryland's December 1, 2003, SIP revision 
that changes its approved SIP pertaining to new source review 
permitting and NOX RACT for the Washington, DC area does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 3, 2004.
Abraham Ferdas,
Acting Regional Administrator, Region III.
[FR Doc. 04-13285 Filed 6-10-04; 8:45 am]
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