Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exceptions, 41891-41894 [E7-14773]
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
(b) * * *
(2) The applicability of this section
expires on June 14, 2010.
I Par. 3. The signature block is revised
by adding the language ‘‘Approved: June
4, 2007.’’
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9330]
Built-in Gains and Losses Under
Section 382(h); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–14797 Filed 7–31–07; 8:45 am]
BILLING CODE 4830–01–P
RIN 1545–BG66
AGENCY:
SUMMARY: This document contains
corrections to temporary regulations (TD
9330) that were published in the
Federal Register on Thursday, June 14,
2007 (72 FR 32792) applying to
corporations that have undergone
ownership changes within the meaning
of section 382. These regulations
provide guidance regarding the
treatment of prepaid income under the
built-in gain provisions of section
382(h).
These corrections are effective
August 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Keith Stanley at (202) 622–7750 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9349]
RIN 1545–BF01
Employee Benefits—Cafeteria Plans
Internal Revenue Service (IRS),
Treasury.
ACTION: Removal of temporary
regulations.
AGENCY:
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
This document removes the
temporary regulations pertaining to
benefits that may be offered to
participants under a section 125
cafeteria plan. The temporary
regulations were published in the ≤
Federal Register on February 4, 1986.
Guidance issued by the IRS and the
Treasury Department under section 125
have made these temporary regulations
obsolete.
DATES: Effective Dates: These
regulations are effective August 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Mireille Khoury at (202) 622–6080 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Background
The temporary regulations that are the
subject of this document are under
section 382 of the Internal Revenue
Code.
Need for Correction
As published, temporary regulations
(TD 9330) contain errors that may prove
to be misleading and are in need of
clarification.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.382–7T is amended
by revising paragraph (b)(2) to read as
follows:
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I
§ 1.382–7T Built-in gains and losses
(temporary).
*
*
*
VerDate Aug<31>2005
*
*
15:44 Jul 31, 2007
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SUMMARY:
Drafting Information
The principal author of this removal
of temporary regulations is Mireille
Khoury, Office of Division Counsel/
Associate Chief Counsel (Tax Exempt
and Government Entities). However,
personnel from Treasury participated in
its development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Amendments to the Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
I Paragraph 1. The authority citation
for part 1 continues to read in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
§ 1.125–2T
I
[Removed]
Par. 2. Section 1.125–2T is removed.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: July 24, 2007.
Eric Solomon,
Assistant Secretary (Tax Policy).
[FR Doc. E7–14823 Filed 7–31–07; 8:45 am]
It has been determined that this
removal of temporary regulations is not
a significant regulatory action as defined
in Executive Order 12866. Therefore, a
Fmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–MD–0002; FRL–
8447–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Clarification of Visible
Emissions Exceptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Special Analyses
Frm 00007
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to this removal of temporary
regulations. This removal of temporary
regulations does not impose a collection
of information on small entities, thus
the Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, the preceding temporary
regulations were submitted to the Chief
Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
BILLING CODE 4830–01–P
On February 4, 1986, the IRS and
Treasury Department published
temporary regulations on section 125.
The temporary regulations were
published in the Federal Register (TD
8073; 51 FR 4318) as section 1.125–2T.
A notice of proposed rulemaking issued
under section 125 (REG–142695–05)
and other guidance issued by the IRS
and the Treasury Department under
section 125 have made these temporary
regulations obsolete. The temporary
regulations are removed.
PO 00000
41891
Sfmt 4700
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
submitted by the State of Maryland.
This revision consists of clarifications to
the exception provisions of the
Maryland visible regulations.
DATES: Effective Date: This final rule is
effective on August 31, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–MD–
0002. All documents in the docket are
listed in the https://www.regulations.gov
Web site. Although listed in the
electronic docket, some information is
not publicly available, i.e., confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
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
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On December 1, 2003, the State of
Maryland submitted a formal SIP
revision (#03–10) that clarifies
Maryland’s federally-approved general
visible emissions (VE) regulations,
including those related to specific
source categories. The revised language
will ensure that sources correctly
interpret the exception provisions
provided in those regulations. On April
26, 2005 (70 FR 21337), EPA published
a direct final rule (DFR) approving
revisions to Maryland’s SIP pertaining
to its VE regulations.
An explanation of the CAA’s
requirements and EPA’s rationale for
approving this SIP revision were
provided in the DFR and will not be
restated here. In accordance with direct
final rulemaking procedures, on April
26, 2005 (70 FR 21387), EPA also
published a companion notice of
proposed rulemaking (NPR) for this SIP
revision inviting interested parties to
comment on the DFR. Timely adverse
comments were submitted on EPA’s
April 26, 2005 DFR.
VerDate Aug<31>2005
15:44 Jul 31, 2007
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On June 27, 2005 (70 FR 36844), due
to the receipt of adverse comments
submitted in response to the DFR, EPA
published a withdrawal of the DFR. A
summary of those comments and EPA’s
responses are provided in Section II of
this document.
Co. v. EPA, 427 U.S. 246, 264–266
(1976).
II. Public Comment and EPA Response
Comment: EPA received the same
comment on behalf of two commenters.
The commenters state that the federal
new source performance standards
(NSPS) and national emission standards
for hazardous air pollutants (NESHAPs)
regulations allow exceedance of their
respective opacity standards for up to
three hours per occurrence during
periods of startup, shutdown and repair.
These federal regulations require the
installation of continuous opacity
monitors (COM). The commenters claim
that air pollution control equipment on
certain municipal waste combustion
(MWC) sources cannot achieve the
visible emissions exception
requirements as stated in Maryland’s
clarified visible emissions rule due to
the occasional formation of
‘‘condensed’’ plumes after emissions
exit the stack, as a result of upset
conditions that may occur during the
operation of emission control devices
used to reduce nitrogen oxides (NOX)
emissions. The commenters believe that
Maryland’s regulations regarding VE
exceptions should be revised to be
consistent with the existing federal
NSPS and NESHAP regulations for
MWCs.
Response: EPA understands that the
VE requirements established in
Maryland’s regulations differ from those
established in the NSPS and NESHAP
regulations that currently apply to
MWCs. States have frequently used VE
limits as part of their efforts to attain the
NAAQS. Under the CAA’s bifurcated
scheme, the State is responsible for
choosing how a source must be
regulated for purposes of attaining the
NAAQS and EPA’s role is limited in
reviewing the State’s choice to ensure it
meets the minimum statutory
requirements. Here, the commenter is
not claiming that the regulations do not
meet the statutory minimum, but rather
that Maryland is seeking to require more
than the minimum statutory
requirements. The CAA is based upon
‘‘cooperative federalism,’’ which
contemplates that each State will
develop its own SIP, and that States
retain a large degree of flexibility in
choosing which sources to control and
to what degree. EPA must approve a
State’s plan if it meets the ‘‘minimum
requirements of the CAA. Union Elec.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). This rule also does not
have tribal implications because it will
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). This
action also does not have Federalism
implications because it does not 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). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
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III. Final Action
EPA is approving revisions to the
Maryland VE exception provisions as a
revision to the Maryland SIP.
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
Risks’’ (62 FR 19885, April 23, 1997),
because it approves a state rule
implementing a Federal standard.
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. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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
enforce its requirements may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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).
Dated: July 19, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
C. Petitions for Judicial Review
I
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 October 1, 2007.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action to
approve revisions to the Maryland
regulations which clarify the visible
emissions exception provisions may not
be challenged later in proceedings to
PART 52—[AMENDED]
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Particulate matter,
Reporting and recordkeeping
requirements.
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entries
for COMAR 26.11.06.02, 10.18.08
(Title), 10.18.08.04, 26.11.09.05, and
26.11.10.03 to read as follows:
I
§ 52.1070
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland administrative regulations (COMAR)
citation
*
State effective
date
Title/subject
*
*
26.11.06
*
26.11.06.02 [Except:
.02A(1)(e), (1)(g), (1)(h),
(1)(i)].
*
*
*
*
Visible Emissions ...............
*
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*
*
08/01/07 [Insert page number where the document
begins].
*
*
*
*
10.18.08.04/26.11.08.04 ..... Visible Emissions ...............
*
*
*
*
Revised paragraph 26.11.02.02A(2).
*
*
*
Control of Incinerators
*
11/24/03
*
*
08/01/07 [Insert page number where the document
begins].
*
*
*
Revised COMAR citation; revised
paragraph 26.11.08.04C.
*
*
*
Control of Fuel-Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
*
*
*
26.11.09.05 ......................... Visible Emissions ...............
VerDate Aug<31>2005
*
*
11/24/03
10.18.08/26.11.08
26.11.09
Additional explanation/citation at 40
CFR 52.1100
General Emission Standards, Prohibitions, and Restrictions
*
*
EPA approval date
15:44 Jul 31, 2007
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*
11/24/03
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*
08/01/07 [Insert page number where the document
begins].
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*
*
Revised paragraph 26.11.09.05A(3).
01AUR1
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued
Code of Maryland administrative regulations (COMAR)
citation
*
State effective
date
Title/subject
*
*
26.11.10
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0462; FRL–8442–4]
Revisions to the California State
Implementation Plan, Sacramento
Metropolitan Air Quality Management
District and San Joaquin Valley Air
Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Sacramento Metropolitan Air Quality
Management District (SMAQMD) and
San Joaquin Valley Air Pollution
Control District (SJVAPCD) portions of
the California State Implementation
Plan (SIP). These revisions concern
oxides of nitrogen (NOX) emissions from
boilers, process heaters, steam
generators, and glass melting furnaces.
We are approving local rules that
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: This rule is effective on October
1, 2007 without further notice, unless
EPA receives adverse comments by
August 31, 2007. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
SUMMARY:
*
*
11/24/03
*
[FR Doc. E7–14773 Filed 7–31–07; 8:45 am]
Additional explanation/citation at 40
CFR 52.1100
*
*
Control of Iron and Steel Production Installations
*
*
*
26.11.10.03 ......................... Visible Emissions ...............
*
EPA approval date
*
08/01/07 [Insert page number where the document
begins].
*
*
*
Revised paragraph 26.11.10.03A(2).
*
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0462, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through the
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
e-mail directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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.
Docket: The index to the docket for
this action is available electronically at
*
*
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
´˜
Francisco Donez, EPA Region IX, (415)
972–3956, Donez.Francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. EPA’s Evaluation and Action.
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA recommendations to further
improve the rules.
D. Public comment and final action.
III. Statutory and Executive Order Reviews.
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1.—SUBMITTED RULES
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Local agency
SMAQMD ....
SJVAPCD ....
VerDate Aug<31>2005
Rule No.
411
4354
15:44 Jul 31, 2007
Rule title
Adopted
NOX from Boilers, Process Heaters and Steam Generators ........................................
Glass Melting Furnaces .................................................................................................
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08/17/06
Submitted
06/16/06
12/29/06
]]>Agencies
[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Rules and Regulations]
[Pages 41891-41894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14773]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-MD-0002; FRL-8447-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Clarification of Visible Emissions Exceptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
[[Page 41892]]
submitted by the State of Maryland. This revision consists of
clarifications to the exception provisions of the Maryland visible
regulations.
DATES: Effective Date: This final rule is effective on August 31, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-MD-0002. All documents in the docket are listed
in the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through https://
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 the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 1, 2003, the State of Maryland submitted a formal SIP
revision (03-10) that clarifies Maryland's federally-approved
general visible emissions (VE) regulations, including those related to
specific source categories. The revised language will ensure that
sources correctly interpret the exception provisions provided in those
regulations. On April 26, 2005 (70 FR 21337), EPA published a direct
final rule (DFR) approving revisions to Maryland's SIP pertaining to
its VE regulations.
An explanation of the CAA's requirements and EPA's rationale for
approving this SIP revision were provided in the DFR and will not be
restated here. In accordance with direct final rulemaking procedures,
on April 26, 2005 (70 FR 21387), EPA also published a companion notice
of proposed rulemaking (NPR) for this SIP revision inviting interested
parties to comment on the DFR. Timely adverse comments were submitted
on EPA's April 26, 2005 DFR.
On June 27, 2005 (70 FR 36844), due to the receipt of adverse
comments submitted in response to the DFR, EPA published a withdrawal
of the DFR. A summary of those comments and EPA's responses are
provided in Section II of this document.
II. Public Comment and EPA Response
Comment: EPA received the same comment on behalf of two commenters.
The commenters state that the federal new source performance standards
(NSPS) and national emission standards for hazardous air pollutants
(NESHAPs) regulations allow exceedance of their respective opacity
standards for up to three hours per occurrence during periods of
startup, shutdown and repair. These federal regulations require the
installation of continuous opacity monitors (COM). The commenters claim
that air pollution control equipment on certain municipal waste
combustion (MWC) sources cannot achieve the visible emissions exception
requirements as stated in Maryland's clarified visible emissions rule
due to the occasional formation of ``condensed'' plumes after emissions
exit the stack, as a result of upset conditions that may occur during
the operation of emission control devices used to reduce nitrogen
oxides (NOX) emissions. The commenters believe that
Maryland's regulations regarding VE exceptions should be revised to be
consistent with the existing federal NSPS and NESHAP regulations for
MWCs.
Response: EPA understands that the VE requirements established in
Maryland's regulations differ from those established in the NSPS and
NESHAP regulations that currently apply to MWCs. States have frequently
used VE limits as part of their efforts to attain the NAAQS. Under the
CAA's bifurcated scheme, the State is responsible for choosing how a
source must be regulated for purposes of attaining the NAAQS and EPA's
role is limited in reviewing the State's choice to ensure it meets the
minimum statutory requirements. Here, the commenter is not claiming
that the regulations do not meet the statutory minimum, but rather that
Maryland is seeking to require more than the minimum statutory
requirements. The CAA is based upon ``cooperative federalism,'' which
contemplates that each State will develop its own SIP, and that States
retain a large degree of flexibility in choosing which sources to
control and to what degree. EPA must approve a State's plan if it meets
the ``minimum requirements of the CAA. Union Elec. Co. v. EPA, 427 U.S.
246, 264-266 (1976).
III. Final Action
EPA is approving revisions to the Maryland VE exception provisions
as a revision to the Maryland SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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).
This action also does not have Federalism implications because it does
not 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).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety
[[Page 41893]]
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
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. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 October 1, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action to approve revisions to the Maryland
regulations which clarify the visible emissions exception provisions
may not be challenged later in proceedings to enforce its requirements
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, Particulate
matter, Reporting and recordkeeping requirements.
Dated: July 19, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR 26.11.06.02, 10.18.08 (Title), 10.18.08.04,
26.11.09.05, and 26.11.10.03 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code of Maryland administrative State
regulations (COMAR) citation Title/subject effective date EPA approval date Additional explanation/citation at 40 CFR 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.06 General Emission Standards, Prohibitions, and Restrictions
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.06.02 [Except: .02A(1)(e), Visible Emissions..... 11/24/03 08/01/07 [Insert page Revised paragraph 26.11.02.02A(2).
(1)(g), (1)(h), (1)(i)]. number where the
document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08 Control of Incinerators
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
10.18.08.04/26.11.08.04............ Visible Emissions..... 11/24/03 08/01/07 [Insert page Revised COMAR citation; revised paragraph
number where the 26.11.08.04C.
document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.09 Control of Fuel-Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.09.05........................ Visible Emissions..... 11/24/03 08/01/07 [Insert page Revised paragraph 26.11.09.05A(3).
number where the
document begins].
[[Page 41894]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.10.03........................ Visible Emissions..... 11/24/03 08/01/07 [Insert page Revised paragraph 26.11.10.03A(2).
number where the
document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E7-14773 Filed 7-31-07; 8:45 am]
BILLING CODE 6560-50-P
