98-32572. Approval and Promulgation of Air Quality Implementation Plans; State of MarylandGeneral Conformity Rule  

  • [Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
    [Rules and Regulations]
    [Pages 67782-67784]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32572]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 52
    
    [MD076-3030a; FRL-6197-3]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    State of Maryland--General Conformity Rule
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is taking direct action on a State Implementation Plan 
    (SIP) revision submitted by the State of Maryland. The revision 
    includes Maryland's regulation for general conformity, which sets forth 
    policy, criteria and procedures for demonstrating and assuring 
    conformity of non-transportation related Federal projects to all 
    applicable air quality implementation plans. EPA is approving this 
    general conformity regulation as a SIP revision in accordance with the 
    Clean Air Act.
    
    DATES: This direct final rule is effective on February 8, 1999 without 
    further notice unless EPA receives adverse written comment by January 
    8, 1999. If adverse comment is received, EPA will publish a timely 
    withdrawal of the direct final rule in the Federal Register and inform 
    the public that the rule will not take effect.
    
    ADDRESSES: Comments may be mailed to Robert Kramer, Chief; Energy 
    Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. 
    Environmental Protection Agency, Region III, 1650 Arch Street, 
    Philadelphia, Pennsylvania 19103. 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; 
    the Air and Radiation Docket and Information Center, U.S. Environmental 
    Protection Agency, 401 M Street, SW, Washington, DC 20460; and Maryland 
    Department of the Environment, 2500 Broening Highway, Baltimore, 
    Maryland 21224.
    
    FOR FURTHER INFORMATION CONTACT: Larry Budney , (215) 814-2184, at the 
    EPA Region III office or via e-mail at [email protected]
    
    
    [[Page 67783]]
    
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On May 15, 1995, the Maryland Department of the Environment 
    submitted a formal revision to its State Implementation Plan (SIP) to 
    EPA. The SIP revision consists of the State's General Conformity 
    Regulation (COMAR 26.11.26.03), the purpose of which is to meet the 
    requirements of 40 CFR 51.851, State Implementation Plans, found under 
    40 CFR Part 51, Subpart W, Determining Conformity of General Federal 
    Actions to State and Federal Implementation Plans. Part 51, Subpart W 
    is commonly referred to as the Federal General Conformity Rule. 
    Maryland's SIP revision, which is the subject of this approval action, 
    consists of the State's General Conformity Rule. This action to approve 
    the State's General Conformity Rule as a SIP revision is being taken 
    under Section 110 of the Clean Air Act (CAA).
    
    II. Summary of SIP Revision
    
        The State's General Conformity Rule establishes standards and 
    procedures to follow when evaluating the conformity of non-
    transportation related Federal projects to all applicable 
    implementation plans developed pursuant to Section 110 and Part D of 
    the CAA.
        At 40 CFR Part 51, Subpart W, EPA promulgated the Federal rule for 
    General Conformity to implement section 176(c) of the CAA, as amended 
    (42 U.S.C. 7401 et seq.) which requires that all Federal actions 
    conform to applicable air quality implementation plans. This rule only 
    applies to areas designated nonattainment or maintenance areas under 
    the CAA, as amended. This Federal rule sets forth policy, criteria, and 
    procedures for demonstrating and assuring conformity of Federal actions 
    to all applicable implementation plans developed pursuant to Section 
    110 and Part D of the CAA. The rule generally applies to Federal 
    actions except:
        (1) Those applicable under the transportation conformity rule (40 
    CFR Part 93, Subpart A);
        (2) Actions with associated emissions below specified de minimis 
    levels; and
        (3) Certain other actions which are exempt or presumed to conform 
    to applicable air quality implementation plans.
        At 40 CFR 51.851, State Implementation Plans, EPA promulgated the 
    requirements that must be adopted by a State and submitted as a SIP 
    revision to implement the General Conformity provisions. The provisions 
    adopted by the State of Maryland for General Conformity are those 
    contained in and required by the Federal rule. EPA has reviewed the 
    State's General Conformity Rule and has determined that it satisfies 
    the requirements of 40 CFR 51.851. A Technical Support Document (TSD) 
    has been prepared which details the EPA's evaluation of the State's 
    General Conformity Rule. Interested parties may obtain a copy of the 
    TSD by contacting the EPA Regional Office listed in the ADDRESSES 
    section of this document.
        EPA is approving this rule without prior proposal because the 
    Agency views this as a noncontroversial amendment and anticipates no 
    adverse comments. However, in the proposed rules section of this 
    Federal Register publication, EPA is publishing a separate document 
    that will serve as the proposal to approve the SIP revision should 
    adverse or critical comments be filed. This rule will be effective 
    February 8, 1999 without further notice unless the Agency receives 
    adverse comments by January 8, 1999.
        If EPA receives such comments, then EPA will publish a timely 
    withdrawal of the direct final rule informing the public that the rule 
    will not take effect. All public comments received will then be 
    addressed in a subsequent final rule based on the proposed rule. EPA 
    will not institute a second comment period on this rule. Only parties 
    interested in commenting on this action should do so at this time. If 
    no such comments are received, the public is advised that this rule 
    will be effective on February 8, 1999 and no further action will be 
    taken on the proposed rule.
    
    III. Final Action
    
        EPA is approving the State of Maryland's General Conformity Rule 
    SIP revision submitted by the Maryland Department of the Environment on 
    May 15, 1998.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget (OMB) has exempted this 
    regulatory action from review under E.O. 12866, entitled ``Regulatory 
    Planning and Review.''
    
    B. Executive Order 12875
    
        Under E.O. 12875, EPA may not issue a regulation that is not 
    required by statute and that creates a mandate upon a state, local, or 
    tribal government, unless the Federal government provides the funds 
    necessary to pay the direct compliance costs incurred by those 
    governments. If EPA complies by consulting, E.O. 12875 requires EPA to 
    provide to the Office of Management and Budget a description of the 
    extent of EPA's prior consultation with representatives of affected 
    state, local, and tribal governments, the nature of their concerns, 
    copies of written communications from the governments, and a statement 
    supporting the need to issue the regulation. In addition, E.O. 12875 
    requires EPA to develop an effective process permitting elected 
    officials and other representatives of state, local, and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.'' 
    Today's rule does not create a mandate on state, local or tribal 
    governments. The rule does not impose any enforceable duties on these 
    entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
    do not apply to this rule.
    
    C. Executive Order 13045
    
        E.O. 13045, entitled ``Protection of Children from Environmental 
    Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
    to any rule that the EPA determines (1) is ``economically 
    significant,'' as defined under E.O. 12866, and (2) the environmental 
    health or safety risk addressed by the rule has a disproportionate 
    effect on children. If the regulatory action meets both criteria, the 
    Agency must evaluate the environmental health or safety effects of the 
    planned rule on children and explain why the planned regulation is 
    preferable to other potentially effective and reasonably feasible 
    alternatives considered by the Agency.
        This final rule is not subject to E.O. 13045 because it is not an 
    economically significant regulatory action as defined by E.O. 12866, 
    and it does not address an environmental health or safety risk that 
    would have a disproportionate effect on children.
    
    D. Executive Order 13084
    
        Under E.O. 13084, EPA may not issue a regulation that is not 
    required by statute, that significantly affects or uniquely affects the 
    communities of Indian tribal governments, and that imposes substantial 
    direct compliance costs on those communities, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by the tribal governments. If EPA complies by 
    consulting, Executive Order 13084 requires EPA to provide to the Office 
    of Management and Budget, in a separately identified section of the 
    preamble to the rule, a description of the extent of EPA's prior 
    consultation with representatives of affected tribal governments, a
    
    [[Page 67784]]
    
    summary of the nature of their concerns, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 13084 
    requires EPA to develop an effective process permitting elected and 
    other representatives of Indian tribal governments ``to provide 
    meaningful and timely input in the development of regulatory policies 
    on matters that significantly or uniquely affect their communities.'' 
    Today's rule does not significantly or uniquely affect the communities 
    of Indian tribal governments. This action does not involve or impose 
    any requirements that affect Indian Tribes. Accordingly, the 
    requirements of section 3(b) of E.O. 13084 do not apply to this rule.
    
    E. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct a regulatory flexibility analysis of any rule subject to 
    notice and comment rulemaking requirements unless the agency certifies 
    that the rule will not have a significant economic impact on a 
    substantial number of small entities. Small entities include small 
    businesses, small not-for-profit enterprises, and small governmental 
    jurisdictions. This final rule will not have a significant impact on a 
    substantial number of small entities because SIP approvals under 
    section 110 and subchapter I, part D of the Clean Air Act do not create 
    any new requirements but simply approve requirements that the State is 
    already imposing. Therefore, because the Federal SIP approval does not 
    create any new requirements, I certify that this action will not have a 
    significant economic impact on a substantial number of small entities. 
    Moreover, due to the nature of the Federal-State relationship under the 
    Clean Air Act, preparation of a flexibility analysis would constitute 
    Federal inquiry into the economic reasonableness of state action. The 
    Clean Air Act forbids EPA to base its actions concerning SIPs on such 
    grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
    42 U.S.C. 7410(a)(2).
    
    F. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    annual costs to State, local, or tribal governments in the aggregate; 
    or to private sector, of $100 million or more. Under Section 205, EPA 
    must select the most cost-effective and least burdensome alternative 
    that achieves the objectives of the rule and is consistent with 
    statutory requirements. Section 203 requires EPA to establish a plan 
    for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated annual costs of 
    $100 million or more to either State, local, or tribal governments in 
    the aggregate, or to the private sector. This Federal action approves 
    pre-existing requirements under State or local law, and imposes no new 
    requirements. Accordingly, no additional costs to State, local, or 
    tribal governments, or to the private sector, result from this action.
    
    G. 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).
    
    H. 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 8, 1999. 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 Maryland General Conformity 
    Rule 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, Incorporation by 
    reference, Ozone.
    
        Dated: November 24, 1998.
    Thomas Voltaggio,
    Regional Administrator, Region III.
    
        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. Section 52.1070 is amended by adding paragraph (c)(136) to read 
    as follows:
    
    
    Sec. 52.1070  Identification of plan.
    
    * * * * *
        (c) * * *
        (136) Revisions to the Maryland State Implementation Plan submitted 
    on May 15, 1995 by the Maryland Department of the Environment.
        (i) Incorporation by reference.
        (A) Letter of May 15, 1995 from the Maryland Department of the 
    Environment transmitting Maryland Regulation COMAR 26.11.26.03, 
    regarding General Conformity, for approval as a SIP revision.
        (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
        (ii) Additional material--Remainder of the May 15, 1995 state 
    submittal pertaining to General Conformity.
    
    [FR Doc. 98-32572 Filed 12-8-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
2/8/1999
Published:
12/09/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
98-32572
Dates:
This direct final rule is effective on February 8, 1999 without further notice unless EPA receives adverse written comment by January 8, 1999. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
Pages:
67782-67784 (3 pages)
Docket Numbers:
MD076-3030a, FRL-6197-3
PDF File:
98-32572.pdf
CFR: (1)
40 CFR 52.1070