  SEQ CHAPTER \h \r 1  	ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

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.							

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.

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 EPA- R03-OAR-2006-0353.  All documents in the docket are listed
in the     HYPERLINK "http://www.regulations.gov"  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     HYPERLINK "http://www.regulations.gov"  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   HYPERLINK "mailto:miller.linda@epa.gov" 
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



Budget Year	Relevant Pollutants and 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



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 Fed. Reg. 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 (Public Law 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 [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.  

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

						                      /s/

_________				                        __________________________    

Date:  December 15, 2006			   	Donald S. Welsh, 

							Regional Administrator,

							Region III. 

40 CFR parts 52 and 81 are 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 (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:

										

§ 52.1070  		Identification of plan.

*		*		*		*		*

(e)*** 

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

explanation

*                    *                      *                   *       
           *                 *                    *

8-Hour Ozone Maintenance Plan for the Kent and Queen Anne’s Area	Kent
and Queen Anne’s Counties 	05/2/06 05/19/06	[Insert Federal Register
publication date] [Insert page number where the document begins]

	

	

PART 81 - [AMENDED]

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

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

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

§ 81.321              Maryland         

*          *          *          *          *

		Maryland - Ozone (8-Hour Standard)

Designated Area	Designationa	Category/

Classification

	Date1	Type	Date1	Type

*          *          *         *         *          *          *

Kent and Queen Anne’s Area

Kent County 	[Insert date of publication]	Attainment



Queen Anne’s County 	[Insert date of publication]	Attainment



*          *          *         *         *          *          

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.

									

									

*          *          *         *         *

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