Approval and Promulgation of Air Quality Implementation Plans; Maryland; Update to Materials Incorporated by Reference; Correction, 12895-12897 [E8-4566]
Download as PDF
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
National Technology Transfer
Advancement Act
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.
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 13, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 52, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
yshivers on PROD1PC62 with RULES
Paperwork Reduction Act
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.).
Subpart YY—Wisconsin
Congressional Review Act
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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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 May 12, 2008.
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 may not
be challenged later in proceedings to
enforce its requirements. (See Section
307(b)(2).)
§ 52.2570
2. Section 52.2570 is amended by
adding paragraph (c)(117) to read as
follows:
I
Identification of plan.
*
*
*
*
*
(c) * * *
(117) On May 1, 2007, Wisconsin
submitted for EPA approval into the
Wisconsin SIP a revision to renumber
and amend NR 406.03, to amend NR
410.03(intro.) and to create NR 406.03(2)
and NR 410.03(l)(bm) Wis. Admin.
Code, effective June 1, 2007. This
revision allows WDNR to issue a waiver
to a source allowing it to commence
construction prior to a construction
permit being issued. This provision is
only allowed for minor sources which
meet specific criteria. These revisions
also revise Wisconsin’s fee provisions to
allow a fee to be charged for the waiver.
EPA has determined that this revision is
approvable under the Act.
(i) Incorporation by reference. The
following sections of the Wisconsin
Administrative Code are incorporated
by reference:
(A) NR 406.03 as published in the
(Wisconsin) Register, May 2007, No.
617, effective June 01, 2007.
(B) NR 410.03(intro.) and NR
410.03(l)(bm) as published in the
(Wisconsin) Register, May 2007, No.
617, effective June 01, 2007.
[FR Doc. E8–4582 Filed 3–10–08; 8:45 am]
BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
VerDate Aug<31>2005
15:22 Mar 10, 2008
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Fmt 4700
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12895
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[MD201–3117; FRL–8536–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Update to Materials
Incorporated by Reference; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change; correcting
amendment.
AGENCY:
SUMMARY: This document corrects an
omission in the part 52 Identification of
Plan table for Maryland which
summarizes the applicable sourcespecific requirements which comprise
the current EPA-approved Maryland
State Implementation Plan (SIP).
DATES: Effective Date: This action is
effective March 11, 2008.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103; the Air and
Radiation Docket and Information
Center, EPA Headquarters Library,
Room Number 3334, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC 20460, and the
National Archives and Records
Administration. If you wish to obtain
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566–
1742; or the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION: On May
18, 2007 (72 FR 27957), EPA published
an update of materials submitted by
Maryland that are incorporated by
reference (IBR) into the Maryland State
implementation plan (SIP) as of March
15, 2007. The regulations and sourcespecific requirements affected by this
update (summarized in the tables cited
as 40 CFR 52.1070(c) and (d)
respectively) had been previously
submitted by the Maryland Department
of the Environment (MDE) and
approved by EPA. In the table cited as
E:\FR\FM\11MRR1.SGM
11MRR1
12896
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
40 CFR 52.1070(d) (EPA-approved
source-specific requirements), we
inadvertently omitted an entry
describing the EPA-approved Amended
Consent Order for the Potomac Electric
Power Company (PEPCO)—Dickerson
Plant (#49352). This action updates the
IBR materials to correct the omission of
the Amended Consent Order for the
PEPCO—Dickerson Plant, corrects the
erroneous omission of the sourcespecific entry for PEPCO-Dickerson
from the table in 40 CFR 52.1070(d), and
reprints the paragraph (d) table in its
entirety. All SIP materials incorporated
by reference in paragraph (d) are
available for public inspection at the Air
and Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, the EPA Regional
Office, and the National Archives and
Records Administration.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making today’s rule final
without prior proposal and opportunity
for comment because this rule is not
substantive and imposes no regulatory
requirements, but merely corrects a
citation in a previous action. Thus,
notice and public procedure are
unnecessary. We find that this
constitutes good cause under 5 U.S.C.
553(b)(B).
Statutory and Executive Order Reviews
yshivers on PROD1PC62 with RULES
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore 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)). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This 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 governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This 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.
This technical correction action does
not involve technical standards; 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. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this 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, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) 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 rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of March
11, 2008. 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 action to
update the materials incorporated by
reference and correct the table in 40
CFR 52.1070(d) for Maryland is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: February 21, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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. Section 52.1070 is amended by
revising paragraph (d) to read as
follows:
I
§ 52.1070
Identification of plan.
*
*
*
*
*
(d) EPA approved state sourcespecific requirements.
E:\FR\FM\11MRR1.SGM
11MRR1
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
State effective date
Name of source
Permit number/type
(PEPCO)—Chalk Point Units #1
and #2.
Potomac Electric Power Company
(PEPCO)—Dickerson.
Beall Jr./Sr. High School .................
#49352 Amended Consent Order ...
1/27/78
#49352 Amended Consent Order ...
7/26/78
Consent Order .................................
1/30/79
Mt. Saint Mary’s College .................
Consent Order .................................
3/8/79
Potomac Electric Power Company
(PEPCO)—Chalk Point.
Maryland Slag Co ............................
Secretarial Order .............................
7/19/79
Consent Agreement (Order) ............
10/31/80
Northeast Maryland Waste Disposal
Authority.
Northeast Maryland Waste Disposal
Authority and Wheelabrator-Frye,
Inc. and the Mayor and City
Council of Baltimore and BEDCO
Development Corp.
Westvaco Corp ................................
Secretarial Order .............................
11/20/81
Secretarial Order .............................
2/25/83
Consent Order .................................
Potomac Electric Power Company(PEPCO).
Thomas Manufacturing Corp ...........
Administrative Consent Order .........
9/6/83; Rev.
1/26/84
9/13/99
Consent Decree ...............................
2/15/01
Constellation Power Source Generation,
Inc.-Brandon
Shores
Units #1 & 2; Gould Street Unit
#3; H.A. Wagner Units #1, 2, 3 &
4; C.P. Crane Units #1 & 3; and
Riverside Unit #4.
Kaydon Ring and Seal, Inc ..............
Consent Order and NOX RACT
Averaging Plan Proposal.
4/25/01
Consent Order .................................
3/5/04
Perdue Farms, Inc ...........................
Consent Order .................................
2/1/05
*
*
*
*
*
[FR Doc. E8–4566 Filed 3–10–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106671–8010–02]
RIN 0648–XG19
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: NMFS is opening directed
fishing for pollock in Statistical Area
610 of the Gulf of Alaska (GOA). This
action is necessary to fully use the A
season allowance of the 2008 total
allowable catch (TAC) of pollock
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
EPA approval date
Additional explanation
4/2/79; 44
FR 19192
12/6/79; 44
FR 70141
3/18/80; 45
FR 17144
3/18/80; 45
FR 17144
9/3/80; 45
FR 58340
9/8/81; 41
FR 44757
7/7/82; 47
FR 29531
8/24/83; 45
FR 55179
52.1100(c)(22); FRN republished 5/
3/79 (44 FR 25840).
52.1100(c)(25).
12/20/84; 49
FR 49457
12/15/00; 65
FR 78416
11/15/01; 66
FR 57395
2/27/02; 67
FR 8897
52.1100(c)(74).
8/31/04; 69
FR 53002
1/11/07; 72
FR 1291
specified for Statistical Area 610 of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 7, 2008, through
2400 hrs, A.l.t., December 31, 2008.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., March 21, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by 0648–XG19, by
any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov;
• Mail: P.O. Box 21668, Juneau, AK
99802;
• Fax: (907) 586–7557; or
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
12897
52.1100(c)(26).
52.1100(c)(26).
52.1100(c)(34).
52.1100(c)(49).
52.1100(c)(65) (Wheelabrator-Frye,
Inc.).
52.1100(c)(70) (Shutdown of landfill
for offsets).
52.1100(c)(151).
52.1100(c)(167).
52.1100(c)(168).
(c)(190); SIP effective date is 11/1/
04.
52.1070(d)(1).
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2008 pollock TAC specified for
vessels in Statistical Area 610 in the
GOA is 3,322 metric tons (mt) as
established by the 2008 and 2009
harvest specifications for groundfish of
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11MRR1.SGM
11MRR1
Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12895-12897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4566]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD201-3117; FRL-8536-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Update to Materials Incorporated by Reference; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change; correcting
amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an omission in the part 52
Identification of Plan table for Maryland which summarizes the
applicable source-specific requirements which comprise the current EPA-
approved Maryland State Implementation Plan (SIP).
DATES: Effective Date: This action is effective March 11, 2008.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, PA 19103; the Air and Radiation
Docket and Information Center, EPA Headquarters Library, Room Number
3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC
20460, and the National Archives and Records Administration. If you
wish to obtain materials from a docket in the EPA Headquarters Library,
please call the Office of Air and Radiation (OAR) Docket/Telephone
number: (202) 566-1742; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION: On May 18, 2007 (72 FR 27957), EPA published
an update of materials submitted by Maryland that are incorporated by
reference (IBR) into the Maryland State implementation plan (SIP) as of
March 15, 2007. The regulations and source-specific requirements
affected by this update (summarized in the tables cited as 40 CFR
52.1070(c) and (d) respectively) had been previously submitted by the
Maryland Department of the Environment (MDE) and approved by EPA. In
the table cited as
[[Page 12896]]
40 CFR 52.1070(d) (EPA-approved source-specific requirements), we
inadvertently omitted an entry describing the EPA-approved Amended
Consent Order for the Potomac Electric Power Company (PEPCO)--Dickerson
Plant (49352). This action updates the IBR materials to
correct the omission of the Amended Consent Order for the PEPCO--
Dickerson Plant, corrects the erroneous omission of the source-specific
entry for PEPCO-Dickerson from the table in 40 CFR 52.1070(d), and
reprints the paragraph (d) table in its entirety. All SIP materials
incorporated by reference in paragraph (d) are available for public
inspection at the Air and Radiation Docket and Information Center
located at EPA Headquarters in Washington, DC, the EPA Regional Office,
and the National Archives and Records Administration.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because this rule is not
substantive and imposes no regulatory requirements, but merely corrects
a citation in a previous action. Thus, notice and public procedure are
unnecessary. We find that this constitutes good cause under 5 U.S.C.
553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
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)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This 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
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This 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.
This technical correction action does not involve technical
standards; 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this 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, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) 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 rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of March 11,
2008. 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 action to update the materials
incorporated by reference and correct the table in 40 CFR 52.1070(d)
for Maryland is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 21, 2008.
Donald S. Welsh,
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. Section 52.1070 is amended by revising paragraph (d) to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(d) EPA approved state source-specific requirements.
[[Page 12897]]
----------------------------------------------------------------------------------------------------------------
State effective Additional
Name of source Permit number/type date EPA approval date explanation
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(PEPCO)--Chalk Point Units 49352 1/27/78 4/2/79; 44 FR 19192 52.1100(c)(22);
1 and 2. Amended Consent FRN republished
Order. 5/3/79 (44 FR
25840).
Potomac Electric Power Company 49352 7/26/78 12/6/79; 44 FR 52.1100(c)(25).
(PEPCO)--Dickerson. Amended Consent 70141
Order.
Beall Jr./Sr. High School...... Consent Order..... 1/30/79 3/18/80; 45 FR 52.1100(c)(26).
17144
Mt. Saint Mary's College....... Consent Order..... 3/8/79 3/18/80; 45 FR 52.1100(c)(26).
17144
Potomac Electric Power Company Secretarial Order. 7/19/79 9/3/80; 45 FR 58340 52.1100(c)(34).
(PEPCO)--Chalk Point.
Maryland Slag Co............... Consent Agreement 10/31/80 9/8/81; 41 FR 44757 52.1100(c)(49).
(Order).
Northeast Maryland Waste Secretarial Order. 11/20/81 7/7/82; 47 FR 29531 52.1100(c)(65)
Disposal Authority. (Wheelabrator-
Frye, Inc.).
Northeast Maryland Waste Secretarial Order. 2/25/83 8/24/83; 45 FR 52.1100(c)(70)
Disposal Authority and 55179 (Shutdown of
Wheelabrator-Frye, Inc. and landfill for
the Mayor and City Council of offsets).
Baltimore and BEDCO
Development Corp.
Westvaco Corp.................. Consent Order..... 9/6/83; Rev. 1/26/ 12/20/84; 49 FR 52.1100(c)(74).
84 49457
Potomac Electric Power Administrative 9/13/99 12/15/00; 65 FR 52.1100(c)(151).
Company(PEPCO). Consent Order. 78416
Thomas Manufacturing Corp...... Consent Decree.... 2/15/01 11/15/01; 66 FR 52.1100(c)(167).
57395
Constellation Power Source Consent Order and 4/25/01 2/27/02; 67 FR 8897 52.1100(c)(168).
Generation, Inc.-Brandon NOX RACT
Shores Units 1 & 2; Averaging Plan
Gould Street Unit 3; Proposal.
H.A. Wagner Units 1,
2, 3 & 4; C.P. Crane Units
1 & 3; and Riverside
Unit 4.
Kaydon Ring and Seal, Inc...... Consent Order..... 3/5/04 8/31/04; 69 FR (c)(190); SIP
53002 effective date
is 11/1/04.
Perdue Farms, Inc.............. Consent Order..... 2/1/05 1/11/07; 72 FR 1291 52.1070(d)(1).
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[FR Doc. E8-4566 Filed 3-10-08; 8:45 am]
BILLING CODE 6560-50-P