Air quality implementation plans; approval and promulgation; various States: Maryland,

[Federal Register: October 29, 1999 (Volume 64, Number 209)]

[Rules and Regulations]

[Page 58340-58344]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29oc99-10]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD081-3043a; FRL-6449-3]

Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Enhanced Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: We are converting our conditional approval of the State of Maryland's State Implementation Plan (SIP) revision for an enhanced vehicle inspection and maintenance (I/M) program, which was granted on July 31, 1997 (61 FR 40938), to a full approval. In the State of Maryland the I/M program is known as the vehicle emissions inspection program (VEIP). In our July 31, 1997 conditional approval, we imposed fifteen conditions for full approval. We have determined that Maryland has met all of those conditions for full approval. The intent of this action is to convert our conditional approval of Maryland's VEIP SIP to a full approval.

DATES: This rule is effective on December 28, 1999 without further notice, unless EPA receives adverse written comment by November 29, 1999. If EPA receives such comments, it 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: Written comments should be mailed to David L. Arnold, Chief, Ozone and Mobile Sources Branch, Mailcode 3AP21, 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 the Maryland Department of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224. Please contact Christopher Cripps at (215) 814-2179 if you wish to arrange an appointment to view the docket at the Philadelphia office.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, at the EPA Region III address above, or by e-mail at cripps.christopher@epa.gov.

SUPPLEMENTARY INFORMATION:

This Supplementary Information section is organized as follows:

  1. What action is EPA taking today? II. Who is affected by this action? III. Who will benefit from this action? IV. What Maryland SIP revision is the topic of this action? V. What were the requirements for full approval of the Maryland program? VI. How did Maryland fulfill these requirements for full approval? VII. What is EPA doing Regarding Vehicles at Federal Facilities? VIII. EPA Action IX. Administrative Requirements

  2. What Action is EPA Taking Today?

    In this action, we are converting our conditional approval of Maryland's I/M program as a revision to the SIP to a full approval.

  3. Who is Affected by This Action?

    Residents of the following jurisdictions in Maryland: Anne Arundel County, Baltimore County, Calvert County, Carroll County, Cecil County, Charles County, Frederick County, Harford County, Howard County, Montgomery County, Queen Anne's County, Washington County and Baltimore City. It is important to note that our action today does not impose any new requirements on Maryland residents; we are merely granting full approval (versus the conditional approval previously granted) to the Maryland laws and regulations already in place at the state level to implement enhanced I/M in Maryland. These laws and regulations were made part of the Maryland SIP by the conditional approval that was published on July 31, 1997.

  4. Who Will Benefit From This Action?

    The residents of Maryland will benefit from this program, which is designed to keep vehicles maintained and operating within pollution control standards. Because air pollution does not recognize political boundaries, neighboring states' residents will also benefit from implementation of this program, designed to prevent excessive vehicle pollution.

  5. What Maryland SIP Revision is the Topic of this Action?

    This notice deals with a revision to the State of MD SIP entitled ``Enhanced Vehicle Emissions Inspection Program (SIP Revision 98-13)'' which was submitted by the Secretary of the Maryland Department of the Environment (MDE) September 25, 1998 and supplemented on May 25, 1999. Today we are acting only upon this September 25, 1998, SIP revision and supplemental submittals to determine that Maryland satisfied certain deficiencies of its conditionally approved enhanced I/M plan, and in so doing we are not reopening our July 31, 1997, final rulemaking granting conditional approval of Maryland's enhanced I/M SIP submitted on July 10, 1995, as supplemented on March 27, 1996.

  6. What Were the Requirements for Full Approval of the Maryland Program?

    Approval of Maryland's I/M program SIP was subject to 15 conditions which are summarized in Table 1. These were also discussed in detail in our July 31, 1997 conditional approval.

  7. How Did Maryland Fulfill These Requirements for Full Approval?

    On September 25, 1998, Maryland submitted revisions to its enhanced I/M SIP to EPA in order to correct conditions for full approval, as detailed in Table 1.

    [[Page 58341]]

    Table 1.--Satisfaction of the Conditions for Full Approval [Major Conditions `` As Summarized from the July 31, 1997 Rule]

    How Maryland Satisfied the Requirement for Full Approval

    Requirement

    (1) Submit fully adopted regulations Maryland submitted copies of for the enhanced I/M program.

    fully adopted enhanced I/M regulations, COMAR 26.11.14 ``Vehicle Emissions Inspection Program'', adopted on November 21, 1997, and on September 16, 1998. (2) Provide an opinion from the

    Maryland submitted a Attorney General's Office or

    Certification by the Maryland legislation that demonstrates that the Attorney General's Office that legislative authority for the program Maryland's Transportation expires no earlier than November 15, Article authorizes the 2005.

    Maryland I/M program for as long as is required by federal law. (3) Submit a modeling demonstration of Maryland submitted an the program using appropriate

    acceptable modeling assumptions for the years 2002 and demonstration of their 2005.

    program. (4) Demonstrate that adequate funding Maryland submitted staffing and and tools exist for the years 1997 and budget data for the years 1997 1998 for running the program. This and 1998. included information on the numbers of personnel dedicated to the I/M program areas and budget allocations for equipment resources. (5) Provide an explanation of how all Maryland provided information vehicles in the I/M program will be on how vehicles in the I/M identified Maryland provided

    program are identified. information on how vehicles in the I/M Maryland law requires program are identified.

    residents residing in the program area to register these vehicles properly. This is enforced by checking registration information whenever a vehicle is stopped by police for any reason and by surveys of parked vehicles to identify vehicles with out- of-state tags that are operated routinely in or by de facto residents of the program area. (6) Provide information on applicable Maryland submitted a copy the Maryland law and regulations on how Maryland law that prohibits ``engine switching is handled'' and any modification to the how vehicles without a certified

    vehicle's original emission configuration will be testing.

    control system Maryland submitted a procedures document which specifies that Maryland's engine switch guidelines require that a switched engine must meet or exceed the requirements for the vehicles model year and class and that owners of vehicles with a non-certified engine configuration or replacement engine may request a one-time extension, which may not exceed one-year, to the emission testing requirements in order to bring the vehicle into compliance. (7) Submit written specifications for Maryland submitted written gas cap testing.

    specifications for gas cap testing. (8) Submit a description of Maryland's Maryland submitted the practice of issuing short-term time procedures and documentation extensions due to economic hardship that adequately address the and the time limit(s) for such

    issuance of short-term time exemptions.

    extensions due to economic hardship and the time limit for such exemptions. (9) Submit documentation regarding: (a) Maryland submitted the aspects of the I/M program as applied procedures for handling to exemptions for residents out-of- exemptions for residents out- state, to residents newly located in of-state, the procedures and the I/M program area, and to require documentation that adequately confirmation of exempt status, and (b) address residents newly citation of owners for noncompliance located in The I/M program with Maryland's registration

    areas and that require requirements and practices regarding verification of exempt status. impounding of vehicles.

    Maryland submitted the procedures and documentation that adequately address citation of owners for noncompliance with Maryland's registration requirements and practices regarding impounding of vehicles. (10) Demonstrate that Maryland's

    Maryland submitted acceptable enforcement program oversight is

    quality assurance oversight quality controlled and quality assured. procedures and documentation. (11) Provide a description of

    Maryland submitted a Maryland's auditing program.

    description of Maryland's auditing program. (12) Submit documentation regarding the Maryland submitted the current penalty schedule applicable to the I/M penalty schedule for the I/M program contractor.

    program contractor. (13) Submit evidence that inspectors Maryland submitted a procedures must be re-certified at least every document that requires such two years or less.

    recertification every 24 months. (14) Submit documentation on how it Maryland submitted a procedures investigates and responds to motorist document that outlines the complaints, and submit documentation procedures used to investigate relating to protection of whistle

    and respond to complaints blowers.

    Maryland submitted a copy of Maryland Code Title 5, subtitle 3 which provides for whistle blower protection. (15) Start mandatory testing of all On October 1, 1997 Maryland subject vehicles as soon as possible, commenced implementation of or by November 15, 1997 at the latest. its VEIP and required affected vehicles to pass I/M testing as a condition of eligibility for registration.

  8. What is EPA Doing Regarding Vehicles at Federal Facilities?

    EPA is not requiring Maryland to implement section 40 CFR 51.356(a)(4) of the I/M rule which deals with federal installations within I/M areas at this time. The Department of Justice has recommended to EPA that this regulation be revised since it appears to grant states authority to regulate federal installations in circumstances where the federal government has not waived sovereign immunity. Federally owned vehicles operated in Maryland are required to meet the same requirements as Maryland registered vehicles, but it would not be appropriate to require compliance with this regulation if it is not constitutionally authorized. EPA will be revising this provision in the future and will review state I/M SIPs with respect to this issue when this new rule is final. EPA is not approving or disapproving requirements which apply to federal facilities at this time.

  9. EPA Action

    EPA is converting its conditional approval of Maryland's enhanced I/M program to a full approval the exception of the provisions regarding federal facilities. EPA is not approving or disapproving requirements which apply to federal facilities at this time. An extensive discussion of Maryland's enhanced I/M program and our rationale for our approval action was provided in the previous final rule that

    [[Page 58342]]

    conditionally approved the enhanced I/M program (see 62 FR 40938 and 61 FR 56194). This action to convert our conditional approval to a full approval is being published without prior proposal because we view this as a noncontroversial amendment and because we anticipate no adverse comments. In a separate document in the ``Proposed Rules'' section of this Federal Register publication, we are proposing to convert our conditional approval of Maryland's enhanced I/M program SIP revision to a full approval if adverse comments are filed. This action will be effective without further notice unless we receive relevant adverse comment by November 29, 1999. If we receive such comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. We will address all public comments in a subsequent final rule based on the proposed rule. Any parties interested in commenting must do so at this time. If no such comments are received by November 29, 1999, you are advised that this action will be effective on December 28, 1999.

  10. Administrative Requirements

    1. 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.''

    2. Executive Orders on Federalism

      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. 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. On August 4, 1999, President Clinton issued a new executive order on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),) which will take effect on November 2, 1999. In the interim, the current Executive Order 12612 (52 FR 41685 (October 30, 1987)) on federalism still applies. This rule will not have a substantial direct effect on 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 12612. The rule affects only one State, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act.

    3. 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.

    4. 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 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.

    5. 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).

    6. 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

      [[Page 58343]]

      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.

    7. 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).

    8. Petitions for Judicial Review

      Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action to convert our conditional approval of Maryland's enhanced I/M program to a full approval must be filedin the United States Court of Appeals for the appropriate circuit by December 28, 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 converting our conditional approval of the Maryland enhanced I/M SIP to a full approval 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, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Ozone.

      Dated: September 28, 1999. W. Michael McCabe, Regional Administrator, Region III.

      Chapter I, title 40, of the Code of Federal Regulations 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)(144) to read as follows:

        Sec. 52.1070 Identification of plan.

        * * * * *

        (c) * * *

        (144) Revisions to the Maryland State Implementation Plan submitted by the Maryland Department of the Environment on July 10, 1995, March 27, 1996, and September 25, 1998 as supplemented on May 25, 1999:

        (i) Incorporation by reference.

        (A) Letter of July 10, 1995, from the Maryland Department of the Environment transmitting an Enhanced Vehicle Emissions Inspection Program.

        (B) Regulations for the Vehicle Emissions Inspection Program COMAR 11.14.08. adopted by the Secretary of the Environment on August 1, 1994, effective January 2, 1995:

        (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.

        (2) COMAR 11.14.08.03A.

        (3) COMAR 11.14.08.03A(1).

        (4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first line.

        (5) COMAR 11.14.08.03B.

        (6) COMAR 11.14.08.04.

        (7) COMAR 11.14.08.05, section A.

        (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.

        (9) COMAR 11.14.08.05 sections C. through F., inclusive.

        (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.

        (C) Letter of March 27, 1996, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

        (D) Letter of September 25, 1998, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

        (E) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on November 21, 1996, effective December 16, 1996:

        (1) Amendments to COMAR 11.14.08.03B.

        (2) The addition of a new COMAR 11.14.08.03C.

        (3) Amendments to COMAR 11.14.08.05B(4).

        (4) Amendments to COMAR 11.14.08.06D(7).

        (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to .09D and .09D to. 09E, .09E to .09F, and .09F to .09G.

        (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).

        (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2), B(3), B(3)(a), B(3)(b) and B(4).

        (8) Amendments to COMAR 11.14.08.09E.

        (9) The addition of a new COMAR 11.14.08.09-1 except the phrase ``and, to the extent allowed by federal law, a vehicle owned by the federal government'' in section COMAR 11.14.08.09-1A.

        (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5) to B(6), and B(6) to B(7).

        (11) Creation of a new COMAR 11.14.08.06B(3) from the last two sentences of COMAR 11.14.08.06B(2).

        (12) Amendments to COMAR 11.14.08.10B(3).

        (13) Amendments to COMAR 11.14.08.10C.

        (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c), inclusive, and C(2).

        (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2), C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).

        (16) The addition of a new COMAR 11.14.08.11-1 except the phrase ``and, to the extent allowed by federal law, a vehicle owned by the federal government'' in section COMAR 11.14.08.11-1A.

        (17) Amendments to COMAR 11.14.08.12A.

        (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.

        (19) Amendments to COMAR 11.14.08.12B(1).

        (20) Amendments to COMAR 11.14.08.29A(2).

        (21) Amendments to COMAR 11.14.08.30D(2).

        (22) Amendments to COMAR 11.14.08.32A.

        (23) Amendments to COMAR 11.14.08.32B(5).

        (24) Amendments to COMAR 11.14.08.42.

        (F) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on September 16, 1998, effective October 19, 1998:

        [[Page 58344]]

        (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).

        (2) Deletion of COMAR 11.14.08.03C.

        (3) Addition of a new COMAR 11.14.08.03C and .03D.

        (4) Amendments to COMAR 11.14.08.06A(2).

        (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).

        (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR 11.14.08.06A(3)(t) and (u), respectively.

        (7) The addition of a new COMAR 11.14.08.06A(3)(s).

        (8) Amendment of COMAR 11.14.08.06D(7).

        (9) Addition of a new COMAR 11.14.08.07C.

        (10) Amendments to COMAR 11.14.08.09A.

        (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.

        (12) Addition of a new COMAR 11.14.08.09A(1).

        (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).

        (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).

        (15) Amendments to COMAR 11.14.08.09B(1)(b).

        (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).

        (17) Amendments to COMAR 11.14.08.09B(3).

        (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).

        (19) Amendments to COMAR 11.14.08.09A(4).

        (20) Amendments to COMAR 11.14.08.09A(4)(a).

        (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and .09G to .09H.

        (22) Reservation with notes of COMAR 11.14.08.09C and .09D,

        (23) Addition with a note of a new reserved COMAR 11.14.08.09E.

        (24) Amendments to COMAR 11.14.08.09F and .09G.

        (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).

        (26) Amendments to COMAR 11.14.08.10C(6)(b).

        (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.

        (28) Addition of a new COMAR 11.14.08.11.

        (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11- 1B, 11-1B(4) and 11-1B(5).

        (30) Reservation with a note of COMAR 11.14.08.11-1C.

        (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).

        (32) Amendment to COMAR 11.14.08.12.

        (33) Renumbering of COMAR 11.14.08.12B to .12C.

        (34) Reservation with a note of COMAR 11.14.08.12A.

        (35) Addition a new COMAR 11.14.08.12B and .12B(1).

        (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).

        (37) Amendments to COMAR 11.14.08.12C(1) and C(3).

        (38) Amendments to COMAR 11.14.08.15C(7)(c).

        (39) Amendments to COMAR 11.14.08.16.

        (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.

        (41) Reservation with a note of COMAR 11.14.08.16A and .16B.

        (42) Addition with a note of a new reserved COMAR 11.14.08.16C.

        (43) Amendments to COMAR 11.14.08.16D.

        (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.

        (45) Reservation with a note of COMAR 11.14.08.22A and .22B.

        (46) Addition with a note of a new reserved COMAR 11.14.08.22C.

        (47) Amendments to COMAR 11.14.08.27C(2).

        (48) The deletion of COMAR 11.14.08.27C(3).

        (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).

        (50) Amendments to COMAR 11.14.08.28A.

        (51) Amendments to COMAR 11.14.08.32A.

        (52) Amendments to COMAR 11.14.08.32B(5).

        (53) Amendments to COMAR 11.14.08.42.

        (G) Letter of May 25, 1999, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

        (ii) Additional material.

        (A) Remainder of the July 10, 1995, submittal;

        (B) Remainder of March 27, 1996, submittal;

        (C) Remainder of September 25, 1998, submittal; and

        (D) Remainder of May 25, 1999, submittal.

        Sec. 52.1072 [Amended]

      3. In Sec. 52.1072, paragraph (a) is removed and reserved.

        [FR Doc. 99-27197Filed10-28-99; 8:45 am]

        BILLING CODE 6560-50-P

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