Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX, 51599-51601 [E8-20000]
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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation as it
establishes a safety zone. A final
environmental analysis checklist and a
final categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
I 2. Add § 165.T01–0843 to read as
follows:
ebenthall on PRODPC60 with RULES
§ 165.T01–0843 Safety Zone: Wantagh
Parkway 2 Bridge over the Goose Creek
Channel, Town of Hempstead, New York.
(a) Location. The following area is a
safety zone: All navigable waters of the
federal channel on the Goose Creek
Channel in Town of Hempstead, NY,
from surface to bottom, within 100
yards to either side of the Wantagh 2
Bridge.
(b) Definitions. The following
definitions apply to this section:
Designated on-scene patrol personnel,
means any commissioned, warrant and
petty officers of the U.S. Coast Guard
operating Coast Guard vessels who has
been authorized to act on the behalf of
the Captain of the Port, Long Island
Sound.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
VerDate Aug<31>2005
15:18 Sep 03, 2008
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(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within this zone is
prohibited unless authorized by the
Captain of the Port, Long Island Sound.
(3) All persons and vessels must
comply with the Coast Guard Captain of
the Port or the designated on-scene
patrol personnel.
(4) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel must proceed as directed.
(5) Persons and vessels may request
permission to enter the zone on VHF–
16 or via phone at (203) 468–4401.
(d) Effective Period. This rule is
effective from 12:01 a.m. on September
2, 2008 to 11:59 p.m on December 31,
2008.
Dated: August 15, 2008.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the
Port Long Island Sound.
[FR Doc. E8–20480 Filed 9–3–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–1001; FRL–8709–7]
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: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
This revision pertains to regulations for
emission limitations at 15 Maryland
power plants. The intended effect of this
action is to approve, with one
exception, Maryland’s regulation which
establishes statewide tonnage caps for
emissions of nitrogen oxides (NOX) and
sulfur dioxide (SO2) from 15 coal-fired
electric generating units (EGUs). The
exception pertains to a portion of the
rule that Maryland requested EPA take
no further action on. The provision,
which EPA has determined has no
impact on the rule that is being finalized
today, will be withdrawn in a separate
notice. This SIP action is being taken
under the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on October 6, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
51599
Number EPA–R03–OAR–2007–1001. All
documents in the docket are listed in
the 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
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:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 6, 2006, Maryland signed
into law the Healthy Air Act (Ch. 23,
Acts of 2006). The Healthy Air Act
establishes limits on the amount of NOX
and SO2 emissions that affected
facilities can emit, and does not permit
the use of allowances to achieve
compliance. To implement the Healthy
Air Act, the Maryland Department of the
Environment (MDE) adopted COMAR
26.11.27, Emission Limitations for
Power Plants. These regulations require
the installation of on-site pollution
controls at 15 Maryland power plants
and will ensure that appropriate local
emission reductions will occur where
they are needed in order to attain the 8hour ozone and fine particulate matter
National Ambient Air Quality Standards
(NAAQS) by 2010.
A formal SIP revision (#07–10) was
submitted by MDE on July 12, 2007. On
January 10, 2008 (73 FR 1851), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of emission limitations and related
requirements for NOX and SO2 at 15
coal-fired electric generating units in
Maryland. No public comments were
received on the NPR.
On June 23, 2008, MDE submitted a
letter withdrawing a portion of the July
12, 2007 submittal. The withdrawal is
only for COMAR 26.11.27.03B(7)(a)(iii).
This provision requires a unit that
exceeds its ozone season NOX emissions
E:\FR\FM\04SER1.SGM
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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations
limit to surrender ozone season NOX
allowances equivalent to the number of
tons of NOX emitted in excess of the
limit. The June 23, 2008 letter requested
that EPA finalize its rulemaking with
respect to the rest of the SIP Revision
that is not withdrawn. EPA determined
that removal of regulation COMAR
26.11.27.03B(7)(a)(iii) does not impact
the rest of the requirements in COMAR
26.11.27, and is severable. By separate
action, EPA will withdraw this
provision as requested by MDE.
II. Summary of SIP Revision
The MDE is requesting that regulation
COMAR 26.11.27, establishing tonnage
Electric generating unit
caps for emissions of NOX and SO2 from
15 coal-fired EGUs in Maryland, be
approved. The purpose of these
regulations is to help bring Maryland
into attainment with the NAAQS for 8
hour ozone and fine particulate matter
by the 2010 attainment deadline. The 15
affected units are as follows:
Jurisdiction
Constellation Energy Group System
Brandon Shores 1 & 2 ..............................................................................
H. A. Wagner 2 & 3 ..................................................................................
C. P. Crane 1 & 2 .....................................................................................
Anne Arundel County.
Anne Arundel County.
Baltimore County.
Mirant System
Chalk Point 1 & 2 .....................................................................................
Dickerson 1, 2, & 3 ...................................................................................
Morgantown 1 & 2 ....................................................................................
Prince George’s County.
Montgomery County.
Charles County.
Allegheny Energy
R. Paul Smith 3 & 4 .................................................................................
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.
III. Final Action
Maryland has met the requirements
for submitting a SIP revision to limit
NOX and SO2 emissions from 15 coalfired EGUs. With the exception of
COMAR 26.11.27.03B(7)(a)(iii), which
will be withdrawn by separate action,
EPA is approving the SIP revision.
IV. Statutory and Executive Order
Reviews
ebenthall on PRODPC60 with RULES
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
VerDate Aug<31>2005
15:18 Sep 03, 2008
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Washington County.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 3, 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
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51601
Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action approving Maryland’s SIP
revision concerning emission
limitations for NOX and SO2 at 15 coalfired EGUs may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
reference, Nitrogen dioxide, Reporting
and recordkeeping requirements, Sulfur
oxides.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
PART 52—[AMENDED]
§ 52.1070
1. The authority citation for part 52
continues to read as follows:
*
Dated: August 20, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
I
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by adding an entry for
COMAR 26.11.27 after the existing entry
for COMAR 26.11.26 to read as follows:
I
40 CFR part 52 is amended as follows:
I
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland administrative
regulations (COMAR) citation
*
State effective
date
EPA approval date
*
*
Title/subject
*
*
26.11.27
Definitions ....................................
7/16/07
26.11.27.02 ..................................
Applicability and Exceptions ........
7/16/07
26.11.27.03 ..................................
General Requirements ................
7/16/07
26.11.27.05 ..................................
Monitoring and Reporting Requirements.
7/16/07
26.11.27.06 ..................................
Judicial Review of Penalty Waivers.
7/16/07
*
*
*
*
*
*
*
9/4/08 [Insert page number where the document
begins].
9/4/08 [Insert page number where the document
begins].
9/4/08 [Insert page number where the document
begins].
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
*
*
50 CFR Part 679
Effective 1200 hrs, Alaska local
time (A.l.t.), September 3, 2008, through
1200 hrs, A.l.t., October 1, 2008.
[Docket No. 071106671–8010–02]
FOR FURTHER INFORMATION CONTACT:
RIN 0648–XK24
Jennifer Hogan, 907–586–7228.
DATES:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
ebenthall on PRODPC60 with RULES
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for species that comprise the
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19:24 Sep 03, 2008
Jkt 214001
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.
SUPPLEMENTARY INFORMATION:
Fisheries of the Economic Exclusive
Zone Off Alaska; Shallow-Water
Species Fishery by Vessels Using
Trawl Gear in the Gulf of Alaska
PO 00000
*
Frm 00029
Fmt 4700
Sfmt 4700
Exceptions: Paragraphs
.03B(7)(a)(iii) and .03D;
the word ‘‘and’’ at the
end of paragraph
.03B(7)(a)(ii).
9/4/08 [Insert page number where the document
begins].
9/4/08 [Insert page number where the document
begins].
shallow-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the fourth seasonal apportionment of
the 2008 Pacific halibut bycatch
allowance specified for the shallowwater species fishery in the GOA has
been reached.
[FR Doc. E8–20000 Filed 9–3–08; 8:45 am]
*
Emission Limitations for Power Plants
26.11.27.01 ..................................
*
Additional explanation/citation at 40 CFR 52.1100
*
*
The fourth seasonal apportionment of
the 2008 Pacific halibut bycatch
allowance specified for the shallowwater species fishery in the GOA is 150
metric tons as established by the 2008
and 2009 harvest specifications for
groundfish of the GOA (73 FR 10562,
February 27, 2008), for the period 1200
hrs, A.l.t., September 1, 2008, through
1200 hrs, A.l.t., October 1, 2008.
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the fourth
seasonal apportionment of the 2008
Pacific halibut bycatch allowance
specified for the trawl shallow-water
species fishery in the GOA has been
reached. Consequently, NMFS is
prohibiting directed fishing for the
shallow-water species fishery by vessels
using trawl gear in the GOA. The
species and species groups that
comprise the shallow-water species
fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka
mackerel, skates and ‘‘other species.’’
This inseason action does not apply to
E:\FR\FM\04SER1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51599-51601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20000]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1001; FRL-8709-7]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This revision pertains to
regulations for emission limitations at 15 Maryland power plants. The
intended effect of this action is to approve, with one exception,
Maryland's regulation which establishes statewide tonnage caps for
emissions of nitrogen oxides (NOX) and sulfur dioxide
(SO2) from 15 coal-fired electric generating units (EGUs).
The exception pertains to a portion of the rule that Maryland requested
EPA take no further action on. The provision, which EPA has determined
has no impact on the rule that is being finalized today, will be
withdrawn in a separate notice. This SIP action is being taken under
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 6, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-1001. All documents in the docket are listed in
the 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 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: Marilyn Powers, (215) 814-2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch.
23, Acts of 2006). The Healthy Air Act establishes limits on the amount
of NOX and SO2 emissions that affected facilities
can emit, and does not permit the use of allowances to achieve
compliance. To implement the Healthy Air Act, the Maryland Department
of the Environment (MDE) adopted COMAR 26.11.27, Emission Limitations
for Power Plants. These regulations require the installation of on-site
pollution controls at 15 Maryland power plants and will ensure that
appropriate local emission reductions will occur where they are needed
in order to attain the 8-hour ozone and fine particulate matter
National Ambient Air Quality Standards (NAAQS) by 2010.
A formal SIP revision (07-10) was submitted by MDE on July
12, 2007. On January 10, 2008 (73 FR 1851), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of emission limitations and related requirements for
NOX and SO2 at 15 coal-fired electric generating
units in Maryland. No public comments were received on the NPR.
On June 23, 2008, MDE submitted a letter withdrawing a portion of
the July 12, 2007 submittal. The withdrawal is only for COMAR
26.11.27.03B(7)(a)(iii). This provision requires a unit that exceeds
its ozone season NOX emissions
[[Page 51600]]
limit to surrender ozone season NOX allowances equivalent to
the number of tons of NOX emitted in excess of the limit.
The June 23, 2008 letter requested that EPA finalize its rulemaking
with respect to the rest of the SIP Revision that is not withdrawn. EPA
determined that removal of regulation COMAR 26.11.27.03B(7)(a)(iii)
does not impact the rest of the requirements in COMAR 26.11.27, and is
severable. By separate action, EPA will withdraw this provision as
requested by MDE.
II. Summary of SIP Revision
The MDE is requesting that regulation COMAR 26.11.27, establishing
tonnage caps for emissions of NOX and SO2 from 15
coal-fired EGUs in Maryland, be approved. The purpose of these
regulations is to help bring Maryland into attainment with the NAAQS
for 8 hour 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.
------------------------------------------------------------------------
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.
III. Final Action
Maryland has met the requirements for submitting a SIP revision to
limit NOX and SO2 emissions from 15 coal-fired
EGUs. With the exception of COMAR 26.11.27.03B(7)(a)(iii), which will
be withdrawn by separate action, EPA is approving the SIP revision.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 3, 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
[[Page 51601]]
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action.
This action approving Maryland's SIP revision concerning emission
limitations for NOX and SO2 at 15 coal-fired EGUs
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, Incorporation by
reference, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: August 20, 2008.
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 adding an
entry for COMAR 26.11.27 after the existing entry for COMAR 26.11.26 to
read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations In the Maryland SIP
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Code of Maryland administrative State Additional explanation/citation at 40
regulations (COMAR) citation Title/subject effective date EPA approval date CFR 52.1100
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* * * * * * *
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26.11.27 Emission Limitations for Power Plants
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26.11.27.01....................... Definitions.......... 7/16/07 9/4/08 [Insert page number where the
document begins].
26.11.27.02....................... Applicability and 7/16/07 9/4/08 [Insert page number where the
Exceptions. document begins].
26.11.27.03....................... General Requirements. 7/16/07 9/4/08 [Insert page number where the Exceptions: Paragraphs
document begins]. .03B(7)(a)(iii) and .03D; the word
``and'' at the end of paragraph
.03B(7)(a)(ii).
26.11.27.05....................... Monitoring and 7/16/07 9/4/08 [Insert page number where the
Reporting document begins].
Requirements.
26.11.27.06....................... Judicial Review of 7/16/07 9/4/08 [Insert page number where the
Penalty Waivers. document begins].
* * * * * * *
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* * * * *
[FR Doc. E8-20000 Filed 9-3-08; 8:45 am]
BILLING CODE 6560-50-P
