ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
52
[
EPA­
R03­
OAR­
2005­
MD­
0012;
FRL­
]
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.

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).

EFFECTIVE
DATE:
This
final
rule
is
effective
on
[
insert
date
30
days
from
date
of
publication].

ADDRESSES:
EPA
has
established
a
docket
for
this
action
under
Docket
ID
Number
EPAR03
OAR­
2005­
MD­
0012.
All
documents
in
the
docket
are
listed
in
the
www.
regulations.
gov
website.
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
www.
regulations.
gov
or
in
hard
copy
for
public
inspection
during
normal
business
hours
at
the
Air
Protection
Division,
U.
S.
Environmental
Protection
Agency,
2
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
fourthhighest
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
3
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
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
4
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.
5
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
[
insert
date
60
days
from
date
of
publication
of
this
document
in
the
Federal
Register].
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.
6
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.

June
1,
2006
/
s/
______________
___________________________
Dated:
Donald
S.
Welsh,
Regional
Administrator,
Region
III.
7
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.
In
§
52.1070,
the
table
in
paragraph
(
c)
is
amended
by
revising
the
entries
for
COMAR
26.11.04
to
read
as
follows:

§
52.1070
Identification
of
plan.

*
*
*
*
*

(
c)*
*
*

EPA­
APPROVED
REGULATIONS
IN
THE
MARYLAND
SIP
Code
of
Maryland
administrative
regulations
(
COMAR)
citation
Title/
subject
State
effective
date
EPA
approval
date
Additional
explanation/
citation
at
40
CFR
§
52.1100
*
*
*
*
*
*
*

26.11.04
State
Adopted
Ambient
air
Quality
Standards
and
Guidelines
*
*
*
*
*
*
*

26.11.04.03
Definitions,
Reference
Conditions,
and
Methods
of
Measurement
2/
28/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
8
Code
of
Maryland
administrative
regulations
(
COMAR)
citation
Title/
subject
State
effective
date
EPA
approval
date
Additional
explanation/
citation
at
40
CFR
§
52.1100
26.11.04.04
Particulate
Matter
2/
28/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
Addition
of
ambient
air
quality
standard
for
PM2.5
26.11.04.05
Sulfur
Oxides
2/
28/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]

*
*
*
*
*
*
*

26.11.04.07
Ozone
2/
28/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]
Addition
of
8­
hour
ambient
air
quality
standard
for
ozone
26.11.04.08
Nitrogen
Dioxide
2/
28/
05
[
Insert
Federal
Register
publication
date]
[
Insert
page
number
where
the
document
begins]

*
*
*
*
*
