

[Federal Register: December 22, 2006 (Volume 71, Number 246)]
[Rules and Regulations]               
[Page 76920-76922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de06-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0353; FRL-8259-7]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Redesignation of the Kent and Queen Anne's 8-Hour Ozone 
Nonattainment Area to Attainment and Approval of the Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and a State 
Implementation Plan (SIP) revision submitted by the State of Maryland. 
The Maryland Department of the Environment (MDE) is requesting that 
Kent and Queen Anne's 8-hour Ozone Nonattainment Area (Kent and Queen 
Anne's area) be redesignated as attainment for the 8-hour ozone 
national ambient air quality standard (NAAQS). In conjunction with its 
redesignation request, the State submitted a SIP revision consisting of 
a maintenance plan which provides for continued attainment of the 8-
hour ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA 
is approving the maintenance plan as meeting the requirements of Clean 
Air Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan 
update. EPA is also approving the adequacy determination for the motor 
vehicle emission budgets (MVEBs) that are identified in the 8-hour 
maintenance plan for Kent and Queen Anne's area for purposes of 
transportation conformity, and is approving those MVEBs. EPA is 
approving the redesignation request and the maintenance plan revision 
to the Maryland SIP in accordance with the requirements of the CAA.

DATES: Effective Date: This final rule is effective on January 22, 
2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2006-0353. 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 
Environment, 1800 Washington Boulevard, 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 10, 2006 (71 FR 59414), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of Maryland's redesignation request and a SIP revision that 
establishes a maintenance plan for Kent and Queen Anne's area setting 
forth how Kent and Queen Anne's will maintain attainment of the 8-hour 
ozone NAAQS for the next 12 years. The formal SIP revision was 
submitted on May 2, 2006 and supplemented on May 19, 2006. Other 
specific requirements of Maryland's redesignation request and SIP 
revision for the maintenance plan 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 Action

    EPA is approving the State of Maryland's redesignation request and 
maintenance plan for the Kent and Queen Anne's area because the 
requirements for approval have been satisfied. EPA has evaluated 
Maryland's redesignation request, submitted on May 2, 2006, and 
determined that it meets the redesignation criteria set forth in 
section 107(d)(3)(E) of the CAA. EPA believes that the redesignation 
request and monitoring data demonstrate that the Kent and Queen Anne's 
area has attained the 8-hour ozone standard. The final approval of this 
redesignation request will change the designation of the Kent and Queen 
Anne's area from nonattainment to attainment for the 8-hour ozone 
standard. EPA is approving the associated maintenance plan for this 
area, dated March 15, 2006 and submitted on May 2, 2006, as a revision 
to the Maryland SIP. EPA is concurrently approving the maintenance plan 
for the Kent and Queen Anne's area as the 1-hour ozone maintenance plan 
update pursuant to 175A(b).
    In this final rulemaking, EPA is notifying the public that we have 
found that the motor vehicle emissions budgets for NOX and 
VOCs in the Kent and Queen Anne's Counties, Maryland submitted 8-hour 
ozone maintenance plan are adequate and approved for conformity 
purposes. As a result of our finding, Kent and Queen Anne's Counties 
must use the motor vehicle emissions budgets from the submitted 8-hour 
ozone maintenance plan for future conformity determinations. The 
adequate and approved motor vehicle emissions budgets are provided in 
the following table:

                              Adequate and Approved Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
                                            Relevant pollutants and
               Budget year                         precursors              Relevant pollutants and precursors
----------------------------------------------------------------------------------------------------------------
2009....................................  NOX 5.11 Tons/Day..........  VOCs 2.72 Tons/Day.
2018....................................  NOX 2.38 Tons/Day..........  VOCs 1.62 Tons/Day.
----------------------------------------------------------------------------------------------------------------


[[Page 76921]]

    Kent and Queen Anne's area is subject to the CAA's requirements for 
basic ozone nonattainment areas until and unless it is redesignated to 
attainment.

 III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final 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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Redesignation of an area to attainment under section 107(d)(3)(e) of 
the Clean Air Act does not impose any new requirements on small 
entities. Redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on sources.
    Accordingly, the Administrator certifies that this final 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 (Pub. L. 104-4). This final 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 affects the status of a geographical area, does not impose 
any new requirements on sources, or allow the state to avoid adopting 
or implementing other requirements, and does not alter the relationship 
or the distribution of power and responsibilities established in the 
Clean Air Act. This final 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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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 
final 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.

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 February 20, 2007. 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 the redesignation request, maintenance plan 
and adequacy determination for MVEBs for the Kent and Queen Anne's 
area, may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: December 15, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR parts 52 and 81 are 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 (e) is amended by adding an 
entry for the 8-Hour Ozone Maintenance Plan for the Kent and Queen 
Anne's Area at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 76922]]



----------------------------------------------------------------------------------------------------------------
  Name of  non-regulatory  SIP       Applicable        State submittal                            Additional
            revision               geographic area          date          EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Kent and Queen      05/2/06, 05/19/06.  December 22, 2006
 for the Kent and Queen Anne's    Anne's Counties.                        [Insert page
 Area.                                                                    number where the
                                                                          document begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.321 is amended by revising the ozone table entry for the 
Kent and Queen Anne's Area to read as follows:


Sec.  81.321  Maryland.

* * * * *

                                        Maryland--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                     Category/ classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\               Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Kent and Queen Anne's Area
----------------------------------------------------------------------------------------------------------------
Kent County....................  December 22, 2006.  Attainment.
Queen Anne's County............  December 22, 2006.  Attainment.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Early Action Compact Area, effective date deferred until December 31, 2006.
\3\ November 22, 2004.

* * * * *
[FR Doc. E6-21887 Filed 12-21-06; 8:45 am]

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