Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Incinerators, 53130-53132 [E8-21310]
Download as PDF
<![CDATA[
53130
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
of the safety zone is unnecessary or
impractical for the purpose of maritime
security.
List of Subjects 33 CFR Part 165
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: September 3, 2008.
T. Sparks,
Captain, U.S. Coast Guard, Captain of the
Port Guam.
[FR Doc. E8–21549 Filed 9–11–08; 4:15 pm]
jlentini on PROD1PC65 with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards is inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 under the
Instruction that there are no factors in
this case that limit the use of a
categorical exclusion under section
2.B.2 of the Instruction. Therefore,
under figure 2–1, paragraph (34)(g) of
the Commandant Instruction
M16475.1D, this rule is categorically
excluded from further environmental
documentation because it is a regulation
establishing a safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
1. The authority citation for part 165
continues to read as follows:
[EPA–R03–OAR–2005–MD–0013; FRL–
8714–5]
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.
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendments to the Control
of Incinerators
■
2. Add § 165.T14–173 to read as
follows:
■
§ 165.T14–173 Safety Zone; Agat Bay and
adjacent waters, GU.
(a) Location. The following areas,
within the Guam Captain of the Port
Zone (See 33 CFR 3.70–15), from the
surface of the water to the ocean floor,
are a safety zone:
(1) All waters bounded by a circle
with a 300-meter radius on the surface
and a 2750-meter radius underwater,
centered at 13°23′42″ N and 144°35′00″
E (NAD 1983);
(2) All waters bounded by a circle
with a 300-meter radius on the surface
and a 2750-meter radius underwater,
centered at 13°27′42″ N and 144°38′30″
E.
(b) Effective Dates. This rule is
effective beginning September 15, 2008,
through September 17, 2008, daily
between the hours of 8 a.m. and 11:59
p.m.
(c) Enforcement Period. This rule will
be enforced from 8 a.m. through 11:59
p.m., each day, from September 15,
2008, through September 17, 2008.
(d) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry
into, transit through or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port or
a designated representative thereof.
(e) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other Captain of the Port
representative permitted by law, may
enforce this temporary safety zone.
(f) Waiver. The Captain of the Port
may waive any of the requirements of
this rule for any person, vessel, or class
of vessel upon finding that application
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Maryland Department
of the Environment (MDE). This
revision pertains to amendments to the
regulations for the control of
incinerators. This action is being taken
under the Clean Air Act (CAA or the
Act).
DATES: Effective Date: This final rule is
effective on October 15, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–MD–
0013. 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.
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
I. Background
On January 31, 2006 (70 FR 5033),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of the amendments to regulations .01
and .05 under COMAR 26.11.08 Control
of Incinerators. The formal SIP revision
was submitted by the MDE on October
31, 2005 (#05–06). Other specific
requirements of the SIP revision and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. On March 2, 2006, EPA
received an adverse comment on its
January 31, 2006 NPR. A summary of
the comment submitted and EPA’s
response is provided in Section II of this
document.
II. Summary of Public Comments and
EPA Responses
Comment: A commenter submitted
test results from the following
pollutants: visible emissions, particulate
matter, carbon monoxide, nitrogen
oxides, sulfur dioxide, hydrogen
chloride, metals (cadmium, mercury,
and lead), dioxins, and furans
concerning human and animal
crematories. The test results show that
the emissions of nearly all the tested
pollutants increased when the operating
temperature was raised. From the test
results, the commenter indicates that
there is no benefit to the higher
operating temperatures required in
many states. The commenter indicates
that the test results also demonstrate
that crematories are capable of low
emissions without the use of additional
control equipment.
Response: This rulemaking is limited
to the amendments of .01 and .05 under
COMAR 26.11.08 Control of
Incinerators. These amendments define
the term ‘‘crematory’’ and clarify that
crematories are subject to the 0.1 grain
loading particulate matter requirement.
This rulemaking does not address
visible emissions or emissions of carbon
monoxide, nitrogen oxides, sulfur
dioxide, hydrogen chloride, metals,
dioxins, and furans. Comments
regarding emissions of these pollutants
are not relevant to this rulemaking. EPA
is required to respond only to comments
relevant to the rulemaking. See, e.g.,
Whitman v. American Trucking Ass’n.,
531 U.S. 457, 471 (2001). To the extent
that the comment addresses a pollutant
relevant to this rulemaking, such as
particulate matter, the commenter
appears to be challenging the State’s
decision to regulate crematories in the
particular manner it has chosen. The
CAA is based upon ‘‘cooperative
VerDate Aug<31>2005
17:00 Sep 12, 2008
Jkt 214001
federalism,’’ which contemplates that
each State will develop its own SIP, and
that States retain a large degree of
flexibility in choosing which sources to
control and to what degree. EPA must
approve a State’s plan if it meets the
minimum requirements of the CAA.
Union Electric Co. v. EPA, 427 U.S. 246,
264–266 (1976). The comment therefore
presents no basis for EPA disapproving
the proposed SIP revision.
III. Final Action
EPA is approving Maryland’s SIP
revision submitted on October 31, 2005.
The SIP revision clarifies that
crematories are subject to the particulate
matter requirements of COMAR
26.11.08 by amending the definitions in
section .01 and the emissions
requirements in section .05.
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);
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
53131
• 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 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 November 14,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action 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 approving a
Maryland SIP revision that amends
COMAR 26.11.08 may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
E:\FR\FM\15SER1.SGM
15SER1
53132
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
Dated: August 29, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
■
Subpart V—Maryland
2. In (52.1070, the table in paragraph
(c) is amended by revising the entries
for COMAR 10.18.08.01 and 10.18.08.05
to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative regulations
(COMAR) citation
*
State effective
date
Title/subject
*
*
*
COMAR 10.18.08/26.11.08
10.18.08/26.11.08.05 ..............
*
*
Definitions ..............................
*
*
*
9/15/08 [Insert page number
where the document begins].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0333; FRL–8714–4]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia,
Reasonably Available Control
Technology (RACT) for Norfolk
Southern Corporation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia removing a nitrogen oxide
(NOX) reasonably available control
technology (RACT) permit from the
Virginia SIP for sources located at the
Norfolk Southern Railway Company—
East End Shops’ facility located in
Roanoke, Virginia, which have
permanently shut down. This action is
being taken under the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on October 15, 2008.
Jkt 214001
I. Background
On May 27, 2008 (73 FR 30340), EPA
published a notice of proposed
rulemaking (NPR) for the
Frm 00028
Fmt 4700
*
*
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0333. 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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Ellen Wentworth, (215) 814–2034, or by
e-mail at wentworth.ellen@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Sfmt 4700
Definition of ‘‘crematory’’ is
added.
9/15/08 [Insert page number
where the document begins].
ADDRESSES:
BILLING CODE 6560–50–P
jlentini on PROD1PC65 with RULES
*
*
9/12/05
*
*
17:51 Sep 12, 2008
*
Particulate Matter ...................
[FR Doc. E8–21310 Filed 9–12–08; 8:45 am]
VerDate Aug<31>2005
9/12/05
*
*
*
*
Control of Incinerators
10.18.08/26.11.08.01 ..............
*
Additional explanation/
citation at 40 CFR § 52.1100
EPA approval date
*
Sections .05A(3) and
.05B(2)(a) are revised.
*
*
Commonwealth of Virginia. The NPR
proposed approval of the removal of a
NOX RACT permit from the Virginia SIP
for sources located at the Norfolk
Southern Railway Company—East End
Shops’ facility, in Roanoke, Virginia
which have permanently shut down.
The formal SIP revision was submitted
by the Virginia Department of
Environmental Quality (VADEQ) on
February 11, 2008.
II. Summary of SIP Revision
On February 11, 2008, the
Commonwealth of Virginia submitted a
revision to its SIP which requested the
removal of NOX RACT permit No.
20468, issued to the Norfolk Southern
Railway Company—East End Shops’
facility in Roanoke, Virginia, from the
Virginia SIP. Since the time of EPA’s
approval of the NOX RACT
requirements for NOX RACT-subject
sources at this facility (70 FR 21621,
April 27, 2005), many sources,
including those that had previously
been subject to the NOX RACT
requirements of 9 VAC 5–40 via permit
No. 20468, were permanently shut
down. As a result, the VADEQ requested
that EPA remove NOX RACT permit No.
20468 from the Virginia SIP since it was
no longer applicable. The SIP revision
consisted of mutual shut down
agreements between the VADEQ and the
Norfolk Southern Railway Company—
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53130-53132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21310]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2005-MD-0013; FRL-8714-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to the Control of Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Maryland Department of the Environment (MDE). This
revision pertains to amendments to the regulations for the control of
incinerators. This action is being taken under the Clean Air Act (CAA
or the Act).
DATES: Effective Date: This final rule is effective on October 15,
2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2005-MD-0013. 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.
[[Page 53131]]
SUPPLEMENTARY INFORMATION:
I. Background
On January 31, 2006 (70 FR 5033), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of the amendments to regulations .01 and .05 under COMAR
26.11.08 Control of Incinerators. The formal SIP revision was submitted
by the MDE on October 31, 2005 (05-06). Other specific
requirements of the SIP revision and the rationale for EPA's proposed
action are explained in the NPR and will not be restated here. On March
2, 2006, EPA received an adverse comment on its January 31, 2006 NPR. A
summary of the comment submitted and EPA's response is provided in
Section II of this document.
II. Summary of Public Comments and EPA Responses
Comment: A commenter submitted test results from the following
pollutants: visible emissions, particulate matter, carbon monoxide,
nitrogen oxides, sulfur dioxide, hydrogen chloride, metals (cadmium,
mercury, and lead), dioxins, and furans concerning human and animal
crematories. The test results show that the emissions of nearly all the
tested pollutants increased when the operating temperature was raised.
From the test results, the commenter indicates that there is no benefit
to the higher operating temperatures required in many states. The
commenter indicates that the test results also demonstrate that
crematories are capable of low emissions without the use of additional
control equipment.
Response: This rulemaking is limited to the amendments of .01 and
.05 under COMAR 26.11.08 Control of Incinerators. These amendments
define the term ``crematory'' and clarify that crematories are subject
to the 0.1 grain loading particulate matter requirement. This
rulemaking does not address visible emissions or emissions of carbon
monoxide, nitrogen oxides, sulfur dioxide, hydrogen chloride, metals,
dioxins, and furans. Comments regarding emissions of these pollutants
are not relevant to this rulemaking. EPA is required to respond only to
comments relevant to the rulemaking. See, e.g., Whitman v. American
Trucking Ass'n., 531 U.S. 457, 471 (2001). To the extent that the
comment addresses a pollutant relevant to this rulemaking, such as
particulate matter, the commenter appears to be challenging the State's
decision to regulate crematories in the particular manner it has
chosen. The CAA is based upon ``cooperative federalism,'' which
contemplates that each State will develop its own SIP, and that States
retain a large degree of flexibility in choosing which sources to
control and to what degree. EPA must approve a State's plan if it meets
the minimum requirements of the CAA. Union Electric Co. v. EPA, 427
U.S. 246, 264-266 (1976). The comment therefore presents no basis for
EPA disapproving the proposed SIP revision.
III. Final Action
EPA is approving Maryland's SIP revision submitted on October 31,
2005. The SIP revision clarifies that crematories are subject to the
particulate matter requirements of COMAR 26.11.08 by amending the
definitions in section .01 and the emissions requirements in section
.05.
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 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 November 14, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 approving a Maryland SIP revision
that amends COMAR 26.11.08 may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 53132]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
Dated: August 29, 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. In (52.1070, the table in paragraph (c) is amended by revising the
entries for COMAR 10.18.08.01 and 10.18.08.05 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective date EPA approval date citation at 40 CFR
Sec. 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
COMAR 10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01............. Definitions........ 9/12/05 9/15/08 [Insert Definition of
page number where ``crematory'' is
the document added.
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.05............. Particulate Matter. 9/12/05 9/15/08 [Insert Sections .05A(3)
page number where and .05B(2)(a) are
the document revised.
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-21310 Filed 9-12-08; 8:45 am]
BILLING CODE 6560-50-P
