[Federal Register: December 23, 2004 (Volume 69, Number 246)]
[Proposed Rules]
[Page 76889-76893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de04-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R03-OAR-2004-MD-0001; R03-OAR-2004-VA-0005; FRL-7852-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland and Virginia; Non-Regulatory Voluntary Emission Reduction
Program Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Maryland and by the Commonwealth of
Virginia. These revisions establish a number of non-regulatory measures
for which Maryland and Virginia seek SIP credit in rate-of-progress and
attainment planning for the Metropolitan Washington DC 1-hour ozone
nonattainment area (the Washington area). The intended effect of this
action is to propose approval of SIP revisions submitted by Maryland
and Virginia which establish certain non-regulatory measures. The non-
regulatory measures include use of low-or-no-VOC content paints by
certain state and local government agencies, auxiliary power units on
locomotives, sale of reformulated consumer products in the Northern
Virginia area, accelerated retirement of portable fuel containers by
certain state and local government agencies, and renewable energy
measures (wind-power purchases by certain local government agencies).
This action is being taken under section 110 of the Clean Air Act (CAA
or the Act).
DATES: Written comments must be received on or before January 24, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2004-MD-0001 and R03-OAR-2004-VA-0005
by one of the following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03-OAR-2004-MD-0001/R03-OAR-2004-VA-0005, Makeba Morris,
Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2004-MD-
0001 and/or R03-OAR-2004-VA-0005. EPA's policy is that all comments
received will be included in the public docket without change, and may
be made available online at http://www.docket.epa.gov/rmepub/,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through RME, regulations.gov or e-mail. The EPA RME and the
Federal regulations.gov websites are an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through RME or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., 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 in RME
or in hard copy 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, Baltimore,
Maryland 21224 and the Virginia Department of Environmental Quality,
629 East Main Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION: On February 19, 2004 and February 25, 2004,
respectively, the Maryland Department of the Environment (MDE) and the
Virginia Department of Environmental Quality (VA DEQ) both submitted
revisions to their SIPs. These SIP revisions included, among other
things, amendments to the 1990 base year emissions inventory for the
Metropolitan Washington DC 1-hour ozone nonattainment area (the
Washington area), a rate-of-progress (ROP) plan for 1999 through 2005,
an attainment demonstration, a contingency measure plan, enforceable
commitments to conduct a mid-course review, a demonstration that the
SIP contains sufficient transportation control measures to offset, as
necessary, growth in vehicle miles traveled (VMT), a suite of
transportation control measures and a suite of non-regulatory voluntary
emission reduction measures.
[[Page 76890]]
This proposed rule pertains only to the suite of non-regulatory
voluntary measures. The other portions of these SIP revisions are the
subjects of will be addressed in separate rulemaking actions.
I. Background
A. What Are Non-Regulatory Voluntary Emission Reduction Program
Measures and EPA's Voluntary Emission Reduction Program Measure
Policies?
Many areas of the country that are designated as nonattainment are
finding it increasingly difficult to find ways to achieve additional
emission reductions needed to attain the National Ambient Air Quality
Standards (NAAQS). Many areas have already applied reasonably available
control technology (RACT) and other controls to stationary sources and
are still not attaining the NAAQS. In some cases, areas have chosen to
control sources well beyond RACT levels, but still cannot attain the
standards. In some cases, areas may need or may choose to implement
additional measures more rapidly than can be done by completing the
full regulatory adoption process. These areas need to find additional
innovative emission reduction approaches. One way to accomplish this is
through voluntary emission reduction program measures. Voluntary
emission reduction program measures are an alternative to traditional
``command and control'' approaches, and have the potential to encourage
new, untried and cost-effective approaches to reduce emissions.
A voluntary emission reduction program measure is an action by a
source that will reduce emissions of a criteria pollutant or a
precursor to a criteria pollutant that the State could claim as an
emission reduction in its SIP for purposes of demonstrating attainment,
ROP towards attainment, reasonable further progress (RFP) toward
attainment or maintenance of the NAAQS, but that is not directly
enforceable against the source. Examples of a voluntary emission
reduction program measure could include retail operations agreeing not
to sell high emitting VOC products during the ozone season, or programs
designed to educate consumers or sources about the effects of their
actions on the environment. Under EPA's guidance, voluntary emission
reduction program measures can be approved if the State retains
enforceable responsibility for the reduction and meets certain other
obligations.
EPA has issued guidance and policy for incorporating voluntary
emission reduction program measures into SIPs. The first such guidance
was a October 27, 1997 memorandum from Richard D. Wilson, Acting
Assistant Administrator for Air and Radiation, entitled ``Guidance on
Incorporating Voluntary Mobile Source Emission Reduction Programs in
State Implementation Plans (SIPs),'' which was reissued in section 16.4
``Guidance on Voluntary Emission Reduction Programs'' of ``Improving
Air Quality with Economic Incentive Programs,'' United States
Environmental Protection Agency, Office of Air and Radiation, EPA-452/
R-01-001, January 2001. The second was a January 19, 2001 Memorandum
from John Seitz, Director, Office of Air Quality Planning and Standards
entitled ``Incorporating Voluntary Stationary Source Emission Reduction
Programs Into State Implementation Plans--Final Policy,'' which was
reissued in section 16.4 ``Guidance on Voluntary Emission Reduction
Programs'' of ``Improving Air Quality with Economic Incentive
Programs,'' United States Environmental Protection Agency, Office of
Air and Radiation, EPA-452/R-01-001, January 2001.
Additional policy and guidance was the August 5, 2004 cover
memorandum from Brian McLean, Director, Office of Atmospheric Programs,
and from Stephen D. Page, Director, Office of Air Quality Planning and
Standards, entitled ``Guidance on SIP Credits for Emission Reductions
from Electric-sector Energy Efficiency and Renewable Energy Measures''
that issued the August 2004 document ``Guidance on State Implementation
Plan (SIP) Credits for Emission Reductions from Electric-sector Energy
Efficiency and Renewable Energy Measures.''
Voluntary emission reduction program measures cannot replace
existing measures in the SIP and must be surplus to technology-based
requirements of the Act, which include but which are not necessarily
limited to, RACT, BACT, LAER, NSPS or NESHAP limits, or rules such as
those for reducing VOC emissions promulgated pursuant to section 183 of
the Act, or those assumed in a permit (such as offsets), or those
needed to demonstrate conformity with the SIP pursuant to 40 CFR part
93 and section 176 of the Act.
EPA believes the authority for voluntary emission reduction program
measures derives from various provisions of the Act including: sections
110 and 172 regarding emission reductions needed to achieve attainment
of the NAAQS; section 182 regarding economic incentive provisions; and,
in the case of mobile source measures, section 108 regarding
transportation control measures (TCMs).
While the policies do not require that reduction actions be
enforceable against individual sources, they place clear responsibility
on a State to ensure that the emission reductions take place. State
responsibility includes a commitment to evaluate the effectiveness of
each measure and, in the event the voluntary emission reduction program
measures does not achieve the projected emission reductions, to remedy
any SIP shortfall by providing enforceable emission reductions from
other sources or by showing that the emission reductions are not needed
to achieve attainment, maintenance, or RFP/ROP requirements.
B. What Are Voluntary Mobile Source Emission Reduction Programs?
Voluntary emission reduction program measures for mobile sources
are measures that complement existing regulatory programs through
voluntary, non-regulatory changes in local transportation activities or
changes in-use vehicle fleet and engine fleet composition. EPA believes
that the Act allows SIP credit for new approaches to reducing mobile
source emissions, where supported by enforceable commitments to monitor
and assess implementation and backfill any emissions reductions
shortfall in a timely fashion. This flexible approach is consistent
with section 110 of the CAA. Economic incentive provisions are also
available in sections 182 and 108 of the Act. Credits generated through
VMEP can be counted toward attainment and maintenance of the NAAQS. Due
to the innovative nature of such a program, EPA will allow up to 3
percent of the total future year emissions reductions required to
attain the appropriate NAAQS, to be claimed under the VMEP policy.\1\
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\1\ See the October 27, 1997 memorandum from Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation, entitled
``Guidance on Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans (SIPs),'' which was
reissued in section 16.4 ``Guidance on Voluntary Emission Reduction
Programs'' of ``Improving Air Quality with Economic Incentive
Programs,'' United States Environmental Protection Agency, Office of
Air and Radiation, EPA-452/R-01-001, January 2001.
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C. What Are Voluntary Stationary Source Emission Reduction Programs?
The stationary source policy covers what are commonly referred to
as ``area'' sources which are too small and/or too numerous to be
individually included in a stationary source emissions inventory. This
category could include facilities that directly emit applicable
[[Page 76891]]
criteria pollutants or their precursors, such as very small printers or
bakeries. It could also include products sold by wholesale or retail
operations that may emit criteria pollutants or their precursors and
individual consumers that may use products which emit criteria
pollutants or their precursors.
D. What Are Electric-Sector Energy Efficiency and Renewable Energy
Measures?
Another category of voluntary emission reduction program measures
are those electric-sector energy efficiency and renewable energy
projects, initiatives or measures that will result in quantifiable
reductions in emissions at existing fossil fuel-fired electric
generating units and will improve air quality in a nonattainment area.
Some examples of specific energy efficiency or renewable energy
projects could include, but are not necessarily limited to supply-side
measures, which include new and innovative initiatives to increase the
efficiency or decrease the emissions from electricity generation, such
as renewable energy projects like wind powered generation.
E. What Qualifies for SIP Credit?
The basic framework for ensuring SIP credit for voluntary emission
reduction program measures is spelled out in the various guidance
discussed in previous paragraphs. Generally, to obtain credit for
voluntary emission reduction program measures, a State submits a SIP
revision that:
(1) Identifies and describes the measure(s);
(2) Contains projections of emission reductions attributable to the
program, along with any relevant technical support documentation;
(3) Commits to evaluation and reporting on program implementation
and results; and
(4) Commits to the timely remedy of any credit shortfall should the
measure(s) not achieve the anticipated emission reductions.
More specifically, the guidance suggests the following key points
be considered for approval of credits. The credits should be
quantifiable, surplus, enforceable, permanent, and adequately
supported. In addition, the measure(s) must be consistent with
attainment of the standard and with the ROP requirements and not
interfere with other CAA requirements.
II. Summary of SIP Revisions Submitted by Maryland and Virginia
A. What Voluntary Emission Reduction Program Measures Did the States
Submit?
The States submitted program descriptions that projected emission
reductions attributable to each specific measure. Those estimates are
provided in Table 1.
Table 1.--List of Voluntary Emission Reduction Program Measures
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Voluntary emission
Measure State VOC reduction NOX reduction reduction program measures
(tons/day) (tons/day) policy
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Gas Can (portable fuel VA, MD......... 0.01............ 0.00............ Stationary Source.
containers) Replacement
Program.
Sale of Reformulated Consumer VA............. 3.00............ 0.00............ Stationary Source.
Products.
Low-VOC Paints Program........ VA, MD......... 0.17............ 0.00............ Stationary Source.
Auxiliary Power Units on VA............. 0.01............ 0.13............ Mobile Sources.
Locomotives.
Montgomery County Regional MD............. 0.00............ 0.05............ Renewable Energy.
Wind Power Purchase.
Arlington County Regional Wind VA............. 0.00............ 0.005........... Renewable Energy.
Power Purchase.
Remote Sensing Device Program. VA............. No Credit....... No Credit....... Mobile Sources.
Alternative Fueled Vehicle VA............. No Credit....... No Credit....... Mobile Sources.
(AFV) Purchase Program.
Diesel Bus Retrofit Program... VA............. No Credit....... No Credit....... Mobile Sources.
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A more detailed analysis of all these voluntary emission reduction
program measures can be found in the Technical Support Document (TSD)
for this proposed action. That TSD is included in both the hard copy
and E-docket for this rulemaking. For each voluntary emission reduction
program measure for which the States claimed emission reduction credit,
the measure was found to be quantifiable. The reductions are surplus by
not being substitutes for mandatory, required emission reductions. The
commitment to monitor, assess and timely remedy any shortfall from
implementation of the measures is enforceable and the State held
accountable. The reductions will continue at least for as long as the
time period in which they are used by this SIP demonstration, so they
are considered permanent. Each measure is adequately supported by
personnel and program resources for implementation. The States commit
to evaluating each program's measures to validate estimated credits and
to remedy any shortfall in a timely manner.
B. What Limitations Apply to the Magnitude of Emissions Reductions That
Can Be Attributable to Voluntary Emission Reduction Program Measures?
For a variety of reasons, such as the innovation involved in
voluntary emission reduction program measures, inexperience in
quantifying them, and the inability to enforce these measures against
individual sources, EPA believes that at this time it is appropriate to
limit the amount of emission reductions allowed from voluntary emission
reduction program measures. Initially, we set an appropriate limit for
stationary source voluntary emission reduction program measures and for
mobile source voluntary emission reduction program measures each at 3
percent of needed reductions for ROP, RFP, or attainment demonstration
purposes. (This is not 3 percent of an area's total emission inventory,
but 3 percent of the reductions needed to achieve the air quality goal
such as ROP or attainment.)
The amounts of emission reductions claimed from voluntary emission
reduction program measures in the Maryland and Virginia SIP revisions
are far less than 3 percent of the reduction needs. For these voluntary
emission reduction program measures, the States claim no more than 0.2
tons per day (TPD) of NOX and 3.2 TPD for VOC reductions. To
meet the 2002 and 2005 ROP goals, the plan documents needed reductions
of over 170 TPD of VOC and over 250 TPD of NOX. To
demonstrate attainment, the plan documents needed
[[Page 76892]]
reductions of well over 170 TPD of VOC and over 250 TPD of
NOX. The reductions from voluntary emission reduction
program measures represent less than 0.1 percent (0.2/250) of the
needed NOX reductions and less than 2 percent (3.2/170) of
the needed VOC reductions.
C. What Action Is EPA Proposing for the Voluntary Emission Reduction
Program Measures?
We propose to approve the voluntary emission reduction program
measures listed in Table 1 of this document as revisions to the
Maryland and Virginia SIPs. All of these measures can be expected to
have some beneficial effect on air quality by reducing emissions.
Additionally, for those voluntary emission reduction program measures
for which the States quantified reductions EPA is proposing to approve
emission reduction credit towards ROP and/or the attainment
demonstration for the Washington area in the amounts shown in Table 2.
Table 2.--Emission Reductions Creditable From Voluntary Emission Reduction Program Measures for the Metropolitan
Washington, DC Area
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Implementation
Measure State VOC TPD NOX TPD date
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Gas Can Replacement Program
Maryland National Capital Parks MD................ 0.0027 ................. 4/2005
& Planning Commission, Prince
George's County.
Montgomery County............... .................. 0.00088 ................. 12/2004
Prince George's County.......... .................. 0.00231 ................. 1/2004
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Maryland totals............. .................. 0.00589 0.00
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Fairfax County.................. VA................ 0.00277 ................. 5/2005
City of Fairfax................. .................. 0.00138 ................. 7/2004
City of Fairfax Contractors..... .................. 0.00060 ................. 7/2004
Prince William County........... .................. 0.0009 ................. 5/2005
Arlington County................ .................. 0.0021 ................. 5/2005
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Virginia totals............. 0.005657.......... ................. 0.00 ................
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Total Area-wide Reduction--Gas Can .................. 0.01 0.00
Replacement Program.
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Sale of Reformulated Consumer VA................ 3.00 0.00 1/2005
Products.
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Low-VOC Paints Program
Prince George's County.......... MD................ 0.002 ................. 5/2005
Maryland National Capital Parks .................. 0.006 ................. 12/2003
& Planning Commission, Prince
George's County.
MDOT Traffic Marking Coatings... .................. 0.149 ................. 12/2003
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Maryland totals............. .................. 0.157 0.00
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Virginia totals--Fairfax VA................ 0.017 ................. 4/2004
County.
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Total Area-wide Reduction--Low-VOC .................. 0.174 0.00
Paints Program.
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Montgomery County Regional Wind MD................ 0.00 0.05 12/2004
Power Purchase.
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Auxiliary Power Units on Locomotives VA................ 0.01 0.13 3/2004
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Arlington County Regional Wind Power VA................ 0.00 0.005 5/2005
Purchase.
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EPA approval of these voluntary emission reduction program measures
for which credit is sought will obligate the States to monitor and
remedy any shortfalls in reductions in accordance with their
commitments to do so.
Under applicable EPA guidance and policy, for those non-regulatory
voluntary measures for which States request approval but claim no
reduction credits prospectively, the States may subsequently amend
their SIPs with revisions documenting any emission reduction credits
actually achieved. EPA would evaluate such revisions in accordance with
applicable statute and regulations applicable to implementation of the
standard for which reduction credit is sought.
For those non-regulatory voluntary measures for which the
Commonwealth of Virginia's February 25, 2004 SIP submittal did not
quantify or request any emission reductions (i.e., the Remote Sensing
Device Program, the Alternative Fueled Vehicle (AFV) Purchase Program,
and the Diesel Bus Retrofit Program), EPA is not proposing to approve
reduction credit towards the ROP plan and attainment demonstration at
this time. However approval of these measures into the Virginia SIP
will still obligate the Commonwealth to monitor their effectiveness.
The Commonwealth's commitment included a description of how
verification that the number of vehicles to be retrofitted or to be
purchased were actually retrofitted and purchased. A ``shortfall''
would then be measured not in terms of emission reductions but in terms
of vehicles not retrofitted or not purchased, or, may be measured by
revising the SIP to quantify the shortfall in terms of emission
reductions.
EPA believes approval of these measures will strengthen the SIP
even where no credit is sought at this time. Some of these measures may
also have other air quality benefits beyond attainment of the 1-hour
and 8-hour
[[Page 76893]]
ozone NAAQS such as reduction of fine particulate matter. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
III. Proposed Action
A. Maryland
EPA's review of this material indicates that Maryland's February
19, 2004 SIP submittal of non-regulatory voluntary emission reduction
program measures for the Washington area meet the applicable
requirements of EPA guidance and policy for approval. EPA is proposing
to approve the following voluntary emission reduction program measures
into the Maryland SIP: Montgomery County Regional Wind Power Purchase,
Low-VOC Paints Program and Gas Can Replacement Program. Specifically,
EPA is proposing to approve those measures found in section 7.6
entitled ``Voluntary Bundle'' of the document entitled ``Plan to
Improve Air Quality in the Washington, DC-MD-VA Region, State
Implementation Plan (SIP) `Severe Area SIP' Demonstrating Rate of
Progress for 2002 and 2005; Revision to 1990 Base Year Emissions; and
Severe Area Attainment Demonstration for the Washington DC-MD-VA
Nonattainment Area'' (dated February 19, 2004) and Appendix J to this
plan. This February 19, 2004 document and its Appendix J were submitted
to EPA by Maryland on February 19, 2004. EPA is also proposing to
credit the Maryland SIP with the emission reductions for these measures
shown in Table 2 of this document for the Washington area.
B. Virginia
EPA's review of this material indicates that Virginia's February
25, 2004 SIP submittal of non-regulatory voluntary emission reduction
program measures for the Washington area meet the applicable
requirements of EPA guidance and policy for approval. EPA is proposing
to approve the following voluntary emission reduction program measures
into the Virginia SIP: Low-VOC Paints Program, Sale of Reformulated
Consumer Products, Gas Can Replacement Program, Remote Sensing Device
Program, Arlington County Regional Wind Power Purchase, Auxiliary Power
Units on Locomotives, Alternative Fueled Vehicle (AFV) Purchase Program
and Diesel Bus Retrofit Program. Specifically, EPA is proposing to
approve those measures found in section 7.6 entitled ``Voluntary
Bundle'' of the document entitled ``Plan to Improve Air Quality in the
Washington, DC-MD-VA Region, State Implementation Plan (SIP) `Severe
Area SIP' Demonstrating Rate of Progress for 2002 and 2005; Revision to
1990 Base Year Emissions; and Severe Area Attainment Demonstration for
the Washington DC-MD-VA Nonattainment Area'' (dated February 19, 2004)
and Appendix J to this plan. This February 19, 2004 document and its
Appendix J were submitted to EPA by Virginia on February 25, 2004. EPA
is also proposing to credit the Virginia SIP with the emission
reductions shown in Table 2 of this document for the Washington area.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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 proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 proposed 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
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed 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. 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 proposed 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.
This proposed rule to approve Maryland and Virginia voluntary emission
reduction program measures does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 14, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-28090 Filed 12-22-04; 8:45 am]
BILLING CODE 6560-50-P