

[Federal Register: June 14, 2006 (Volume 71, Number 114)]
[Rules and Regulations]               
[Page 34257-34259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn06-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2005-MD-0012; FRL-8183-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Ambient Air Quality Standard for Ozone and Fine Particulate 
Matter

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 
modifications to the ambient air quality standards for ozone and fine 
particulate matter and the replacement of the abbreviation ``ppm'' with 
parts per million in existing standards. This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 14, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2005-MD-0012. All documents in the docket are listed 
in the http://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 the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 13, 2005 (70 FR 59688), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of modifications to the ambient air quality standards for 
ozone and fine particulate matter (PM2.5) and the replacement of the 
abbreviation ``ppm'' with parts per million in existing standards. The 
official SIP revision (05-01) was submitted by the State of 
Maryland on March 15, 2005.

II. Summary of SIP Revision

    Maryland's revision incorporates the 1997 Federal 8-hour ozone and 
PM2.5 standards into Title 26, Subtitle 11, Chapter 4 of the Code of 
Maryland Administrative Regulations (COMAR 26.11.04). The new ozone 
standard incorporated in this SIP revision is the average of the 
fourth-highest daily maximum 8-hour average ozone concentration that is 
less than or equal to 0.08 ppm, averaged over three consecutive years. 
The standards for PM2.5 incorporated in this SIP revision are 65 
micrograms per cubic meter based on a 24-hour concentration and 15.0 
micrograms per cubic meter annual arithmetic mean concentration. The 
revision also includes a clarification of the unit of measure for 
ambient air quality standards for sulfur oxides and nitrogen dioxide. 
The abbreviation ``ppm'' has been replaced by the written form ``parts 
per million''. No public comments were received on the NPR.

III. Final Action

    EPA is approving the amendments to COMAR 26.11.04, consisting of 
the addition of new 8-hour ozone ambient air quality standards and fine 
particulate matter ambient air quality standards, as well as 
clarification of the

[[Page 34258]]

unit of measure, as a revision to the Maryland SIP.

IV. Statutory and Executive Order Reviews

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 
requirement, 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 must be filed in the United States Court 
of Appeals for the appropriate circuit by August 14, 2006. 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 modifications to the ambient air quality 
standards for ozone and fine particulate matter 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, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 1, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is 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 (c) is amended by revising 
the entries for 26.11.04.03, 26.11.04.04, 26.11.04.05, 26.11.04.07, and 
26.11.04.08 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c)* * *

                                                      EPA-Approved Regulations in the Maryland SIP
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                                                                                  State
 Code of Maryland administrative                 Title/subject                  effective        EPA  approval  date          Additional  explanation/
  regulations (COMAR) citation                                                     date                                     citation  at 40 CFR 52.1100
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                                                                      * * * * * * *
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                                           26.11.04 State Adopted Ambient Air Quality Standards and Guidelines
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[[Page 34259]]


                                                                      * * * * * * *
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26.11.04.03.....................  Definitions, Reference Conditions, and           2/28/05  6/14/06 [Insert page number    .............................
                                   Methods of Measurement.                                   where the document begins]
26.11.04.04.....................  Particulate Matter.........................      2/28/05  6/14/2006 [Insert page number  Addition of ambient air
                                                                                             where the document begins]     quality standard for PM2.5.
26.11.04.05.....................  Sulfur Oxides..............................      2/28/05  6/14/06 [Insert page number    .............................
                                                                                             where the document begins]

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                                                                      * * * * * * *
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26.11.04.07.....................  Ozone......................................      2/28/05  6/14/06 [Insert page number    Addition of 8-hour ambient
                                                                                             quality where the document     air quality standard for
                                                                                             begins]                        ozone
26.11.04.08.....................  Nitrogen Dioxide...........................      2/28/05  6/14/06 [Insert page number    .............................
                                                                                             where the document begins]
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[FR Doc. 06-5298 Filed 6-13-06; 8:45 am]

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