Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX, 1851-1853 [E8-276]
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Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Proposed Rules
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[REG–129916–07]
RIN 1545–BG76
Patented Transactions; Hearing
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of public hearing on
proposed rulemaking.
AGENCY:
SUMMARY: This document provides
notice of a public hearing on a notice of
proposed rulemaking relating to the
disclosure of reportable transactions
under sections 6011 and 6111 of the
Internal Revenue Code. These
regulations propose to add the patented
transactions category of reportable
transaction to the regulations under
§ 1.6011–4 of the Income Tax
Regulations. The regulations also
include conforming changes to the rules
relating to the disclosure of reportable
transactions by material advisors under
section 6111.
DATES: The public hearing is being held
on Thursday, February 21, 2008, at 10
a.m. The IRS must receive outlines of
the topics to be discussed at the hearing
by Thursday, January 31, 2008.
ADDRESSES: The public hearing is being
held in the auditorium, Internal
Revenue Building, 1111 Constitution
Avenue, NW., Washington, DC. Send
submissions to: CC: PA: LPD: PR (REG–
129916–07), room 5203, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC: PA: LPD: PR (REG–129916–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively,
taxpayers may submit electronic
outlines of oral comments via the
Federal eRulemaking Portal at https://
www.regulations.gov.
yshivers on PROD1PC62 with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Michael H. Beker or Charles D. Wien,
(202) 622–3070; concerning submissions
of comments, the hearing, and/or to be
placed on the building access list to
attend the hearing, Richard A. Hurst at
Richard.A.Hurst@irscounsel.treas.gov or
(202) 622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
129916–07) that was published in the
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14:28 Jan 09, 2008
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Federal Register on Wednesday,
September 26, 2007 (72 FR 54615).
Persons who wish to present oral
comments at the hearing that submitted
written comments by December 26,
2007, must submit an outline of the
topics to be discussed and the amount
of time to be devoted to each topic
(signed original and eight (8) copies) by
January 31, 2008.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or in the Freedom
of Information Reading Room (FOIA RR)
(Room 1621) which is located at the
11th and Pennsylvania Avenue, NW.,
entrance, 1111 Constitution Avenue,
NW., Washington, DC.
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
Cynthia Grigsby,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. E8–219 Filed 1–9–08; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1001; FRL–8515–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; NOX and SO2 Emissions
Limitations for Fifteen Coal-Fired
Electric Generating Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Maryland
Department of the Environment (MDE).
This revision pertains to regulations for
emission limitations at 15 Maryland
power plants. The State requested that
regulations establishing statewide
tonnage caps for emissions of NOX and
SO2 from 15 coal-fired electric
generating units in Maryland be
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1851
approved. These regulations also
establish monitoring and reporting
requirements, and authorize the MDE to
reduce or waive penalties for noncompliance under certain conditions
and provide for judicial review of
decisions by the MDE to grant a
reduction or waiver of penalties. This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before February 11, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2007–1001, by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2007–1001,
Cristina Fernandez, Branch Chief, Air
Quality Planning Branch, Mailcode
3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted 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
Docket ID No. EPA–R03–OAR–2007–
1001. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, 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 www.regulations.gov
or e-mail. The www.regulations.gov
Website is 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 www.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,
E:\FR\FM\10JAP1.SGM
10JAP1
1852
Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Proposed Rules
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
www.regulations.gov index. 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 www.regulations.gov 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 Maryland Department of the
Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland, 21230.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On July
12, 2007, the Maryland Department of
the Environment (MDE) submitted a
revision to its State Implementation
Plan (SIP) for approval of emission
limitations and related requirements for
nitrogen oxides (NOX) and sulfur
dioxide (SO2) at 15 coal-fired electric
generating units in Maryland.
yshivers on PROD1PC62 with PROPOSALS
I. Background
On April 6, 2006, Maryland signed
into law the Healthy Air Act (Ch. 23,
Acts of 2006), which requires MDE to
adopt certain regulations. One such
requirement under the Act is to
establish caps on the amount of NOX
and SO2 emissions that certain affected
facilities can emit. These proposed
regulations are more stringent than the
Clean Air Interstate Rule (CAIR), which
was published by EPA on May 12, 2005
(70 FR 25162).
In the CAIR rule, EPA determined that
28 States and the District of Columbia
contribute significantly to
nonattainment and interfere with
maintenance of the NAAQS for fine
particles (PM2.5) and/or 8-hour ozone in
downwind States in the eastern part of
the country. As a result, EPA required
those upwind States to revise their State
Implementation Plans (SIPs) to include
control measures that reduce emissions
of SO2, which is a precursor to PM2.5
formation, and/or NOX, which is a
precursor to both ozone and PM2.5
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14:28 Jan 09, 2008
Jkt 214001
formation. Under CAIR, States may
implement these reduction
requirements by participating in the
EPA-administered cap-and-trade
programs or by adopting any other
control measures.
Maryland’s proposed regulations are
more restrictive than the CAIR rules in
that they establish specific emission
limitations for certain Maryland sources
and, unlike the CAIR rules, do not
permit surrender of allowances to
achieve compliance. While these
regulations modify some of the
flexibility of CAIR by requiring the
installation of on-site pollution controls
at the 15 Maryland power plants, they
ensure that appropriate local emissions
reductions will occur where they are
needed in order to attain the NAAQS by
2010.
II. Summary of SIP Revision
The MDE is requesting that
regulations (under COMAR 26.11.27)
establishing tonnage caps for emissions
of NOX and SO2 from 15 coal-fired
electric generating units (EGUs) in
Maryland be approved. The purpose of
these regulations is to help bring
Maryland into attainment with the
NAAQS for ozone and fine particulate
matter by the 2010 attainment deadline.
The 15 affected units are as follows:
Electric generating
unit
Constellation Energy
Group System:
Brandon Shores 1
& 2.
H. A. Wagner 2 & 3
C. P. Crane 1 & 2
Mirant System:
Chalk Point 1 & 2 ..
Dickerson 1, 2, & 3
Morgantown 1 & 2
Allegheny Energy:
R. Paul Smith 3 &
4.
Jurisdiction
Anne Arundel County.
Anne Arundel County.
Baltimore County.
Prince George’s
County.
Montgomery County.
Charles County.
Washington County.
III. Proposed Action
Maryland has met the requirements
for submitting a SIP revision for limiting
NOX and SO2 emissions from certain
Maryland power plants. EPA is
proposing to approve the Maryland SIP
revision for limiting NOX and SO2
emissions at 15 coal-fired EGUs, which
was submitted on July 12, 2007. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
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Fmt 4702
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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 requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the CAA.
This proposed rule also is not subject to
Executive Order 13045 (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 CAA. 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
E:\FR\FM\10JAP1.SGM
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Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Proposed Rules
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 CAA. 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 action proposing approval of
Maryland’s SIP revision concerning
emission limitations for NOX and SO2 at
15 coal-fired EGUs 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, Nitrogen dioxide,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8–276 Filed 1–9–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–1104; FRL–8512–8]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Air Pollution Control District
and Sacramento Metropolitan Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the San Joaquin Valley Air
Pollution Control District (SJVAPCD)
and Sacramento Metropolitan Air
Quality Management District
(SMAQMD) portions of the California
State Implementation Plan (SIP). These
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14:28 Jan 09, 2008
Jkt 214001
revisions concern oxides of nitrogen
(NOX) emissions from internal
combustion engines and stationary gas
turbines. We are proposing to approve
local rules to regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: Any comments on this proposal
must arrive by February 11, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–1104, 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 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
www.regulations.gov or e-mail.
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 email 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. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
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.
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1853
This
proposal addresses the following local
rules: SJVAPCD Rule 4702 and
SMAQMD Rule 413. In the Rules and
Regulations section of this Federal
Register, we are approving these local
rules in a direct final action without
prior proposal because we believe these
SIP revisions are not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
SUPPLEMENTARY INFORMATION:
Dated: December 5, 2007.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E8–174 Filed 1–9–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AF82
Defense Federal Acquisition
Regulation Supplement; DoD Law of
War Program (DFARS Case 2006–
D035)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address requirements for DoD
contractors to institute effective
programs to prevent violations of law of
war by contractor personnel authorized
to accompany U.S. Armed Forces
deployed outside the United States.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
March 10, 2008 to be considered in the
formation of the final rule.
E:\FR\FM\10JAP1.SGM
10JAP1
Agencies
[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Proposed Rules]
[Pages 1851-1853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-276]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1001; FRL-8515-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; NOX and SO2 Emissions Limitations for Fifteen Coal-Fired
Electric Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Maryland Department of the Environment (MDE).
This revision pertains to regulations for emission limitations at 15
Maryland power plants. The State requested that regulations
establishing statewide tonnage caps for emissions of NOX and
SO2 from 15 coal-fired electric generating units in Maryland
be approved. These regulations also establish monitoring and reporting
requirements, and authorize the MDE to reduce or waive penalties for
non-compliance under certain conditions and provide for judicial review
of decisions by the MDE to grant a reduction or waiver of penalties.
This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 11,
2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-1001, by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2007-1001, Cristina Fernandez, Branch Chief,
Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. 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 Docket ID No. EPA-R03-OAR-
2007-1001. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, 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 www.regulations.gov or e-mail.
The www.regulations.gov Website is 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 www.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,
[[Page 1852]]
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
www.regulations.gov index. 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 www.regulations.gov 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 Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
e-mail at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION: On July 12, 2007, the Maryland Department of
the Environment (MDE) submitted a revision to its State Implementation
Plan (SIP) for approval of emission limitations and related
requirements for nitrogen oxides (NOX) and sulfur dioxide
(SO2) at 15 coal-fired electric generating units in
Maryland.
I. Background
On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch.
23, Acts of 2006), which requires MDE to adopt certain regulations. One
such requirement under the Act is to establish caps on the amount of
NOX and SO2 emissions that certain affected
facilities can emit. These proposed regulations are more stringent than
the Clean Air Interstate Rule (CAIR), which was published by EPA on May
12, 2005 (70 FR 25162).
In the CAIR rule, EPA determined that 28 States and the District of
Columbia contribute significantly to nonattainment and interfere with
maintenance of the NAAQS for fine particles (PM2.5) and/or
8-hour ozone in downwind States in the eastern part of the country. As
a result, EPA required those upwind States to revise their State
Implementation Plans (SIPs) to include control measures that reduce
emissions of SO2, which is a precursor to PM2.5
formation, and/or NOX, which is a precursor to both ozone
and PM2.5 formation. Under CAIR, States may implement these
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
Maryland's proposed regulations are more restrictive than the CAIR
rules in that they establish specific emission limitations for certain
Maryland sources and, unlike the CAIR rules, do not permit surrender of
allowances to achieve compliance. While these regulations modify some
of the flexibility of CAIR by requiring the installation of on-site
pollution controls at the 15 Maryland power plants, they ensure that
appropriate local emissions reductions will occur where they are needed
in order to attain the NAAQS by 2010.
II. Summary of SIP Revision
The MDE is requesting that regulations (under COMAR 26.11.27)
establishing tonnage caps for emissions of NOX and SO2
from 15 coal-fired electric generating units (EGUs) in Maryland be
approved. The purpose of these regulations is to help bring Maryland
into attainment with the NAAQS for ozone and fine particulate matter by
the 2010 attainment deadline. The 15 affected units are as follows:
------------------------------------------------------------------------
Electric generating unit Jurisdiction
------------------------------------------------------------------------
Constellation Energy Group System:
Brandon Shores 1 & 2.................... Anne Arundel County.
H. A. Wagner 2 & 3...................... Anne Arundel County.
C. P. Crane 1 & 2....................... Baltimore County.
Mirant System:
Chalk Point 1 & 2....................... Prince George's County.
Dickerson 1, 2, & 3..................... Montgomery County.
Morgantown 1 & 2........................ Charles County.
Allegheny Energy:
R. Paul Smith 3 & 4..................... Washington County.
------------------------------------------------------------------------
III. Proposed Action
Maryland has met the requirements for submitting a SIP revision for
limiting NOX and SO2 emissions from certain
Maryland power plants. EPA is proposing to approve the Maryland SIP
revision for limiting NOX and SO2 emissions at 15
coal-fired EGUs, which was submitted on July 12, 2007. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
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
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This proposed rule
also is not subject to Executive Order 13045 (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 CAA. 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
[[Page 1853]]
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 CAA. 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 action proposing approval of Maryland's SIP revision concerning
emission limitations for NOX and SO2 at 15 coal-
fired EGUs 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, Nitrogen dioxide,
Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 27, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E8-276 Filed 1-9-08; 8:45 am]
BILLING CODE 6560-50-P