Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendment to the Definition of Fuel-Burning Equipment, 9650-9652 [2011-3722]
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0011; FRL–9268–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Amendment to the Definition
of Fuel-Burning Equipment
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
(SIP) amending the definition of ‘‘fuelburning equipment.’’ The revision
removes the word ‘‘furnace’’ from the
definition of ‘‘fuel-burning equipment’’
in one of Maryland’s regulations and
also removes the redundant definition
of ‘‘fuel-burning equipment’’ from
another section. EPA is approving these
revisions to the definition of ‘‘fuelburning equipment’’ in accordance with
the requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on April 25,
2011 without further notice, unless EPA
receives adverse written comment by
March 24, 2011. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
DATES:
PO 00000
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Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0011 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0011,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, 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–2011–
0011. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes 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 https://
www.regulations.gov or e-mail. The
https://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 https://
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, 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 https://
www.regulations.gov index. Although
E:\FR\FM\22FER1.SGM
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations
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 https://
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 the 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:
mstockstill on DSKH9S0YB1PROD with RULES
I. Background
The term ‘‘fuel-burning equipment’’
was originally defined in order to
differentiate between a boiler that
involves the indirect heating of air or
water and fuel-burning installations that
involve direct heat exchange. Fuelburning installations, such as a kiln, are
subject to the general requirements for
sulfur dioxide (SO2) and particulate
matter, whereas fuel-burning equipment
is subject to different standards in the
form of pounds of SO2 per million
(British thermal unit) Btu per hour heat
input or the sulfur content of the fuel.
Since a ‘‘furnace’’ is usually direct
heat exchange, the State of Maryland
concludes that it should not be included
in the definition of ‘‘fuel-burning
equipment’’. There is no Federal
definition of the term ‘‘fuel-burning
equipment,’’ however, the term ‘‘fuelburning equipment’’ is consistent with
the Federal definition of the term
‘‘boiler.’’
II. Summary of SIP Revision
On December 15, 2010, the State of
Maryland submitted a formal revision
(#10–10) to its State Implementation
Plan (SIP). The SIP revision consists of
amendments to Regulation .01 under
COMAR 26.11.01, General
Administrative Provisions and
Regulation .01 under COMAR 26.11.09,
Control of Fuel-Burning Equipment,
Stationary Internal Combustion Engines,
and Certain Fuel-Burning Installations.
The revision removes the word
‘‘furnace’’ from the definition of ‘‘fuelburning equipment’’ in COMAR
26.11.01.01 and also removes the
redundant definition of ‘‘fuel-burning
equipment’’ from COMAR 26.11.09.01.
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III. Final Action
EPA is approving Maryland’s revision
which removes the word ‘‘furnace’’ from
the definition of ‘‘fuel-burning
equipment’’ in COMAR 26.11.01.01 and
also removes the redundant definition
of ‘‘fuel-burning equipment’’ from
COMAR 26.11.09.01. EPA is publishing
this rule without prior proposal because
the Agency views this as a
noncontroversial amendment and
anticipates no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, EPA
is publishing a separate document that
will serve as the proposal to approve the
SIP revision if adverse comments are
filed. This rule will be effective on April
25, 2011 without further notice unless
EPA receives adverse comment by
March 24, 2011. If EPA receives adverse
comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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
PO 00000
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9651
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 CAA; 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
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations
circuit by April 25, 2011. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action which
pertains to Maryland’s amendment to
the definition of ‘‘fuel-burning
equipment’’ may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
List of Subjects in 40 CFR Part 52
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entries
for COMAR 26.11.01.01 and COMAR
26.11.09.01 to read as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Sulfur
oxides.
■
Dated: February 1, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
§ 52.1070
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative regulations
(COMAR)
citation
State effective
date
Title/subject
26.11.01
26.11.01.01 ..............................
*
26.11.09
*
*
*
2/22/11, [Insert page number where the document
begins].
*
Definitions .........................
*
Revision to paragraph .01B(17).
*
*
*
*
EVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
*
*
Revision removes definition
‘‘fuel-burning equipment’’.
*
*
of
*
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:
DATES:
I. Background
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, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room Number 3334, EPA
West Building, Washington, DC 20460;
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/
The SIP is a living document which
the State revises as necessary to address
its unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and Office
of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
(‘‘Identification’’) of plan format are
discussed in further detail in the May
22, 1997 Federal Register document. On
December 7, 1998, (63 FR 67407) EPA
Effective Date: This action is
effective February 22, 2011.
[DC103–2051; FRL–9267–6]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
EPA is updating the materials
submitted by the District of Columbia
that are incorporated by reference (IBR)
into the State implementation plan
(SIP). The regulations affected by this
update have been previously submitted
by the State agency and approved by
SUMMARY:
16:03 Feb 18, 2011
2/22/11, [Insert page number where the document
begins].
EPA. This update affects the SIP
materials that are available for public
inspection at the National Archives and
Records Administration (NARA), the
Air and Radiation Docket and
Information Center located at EPA
Headquarters in Washington, DC and
the EPA Regional Office.
*
BILLING CODE 6560–50–P
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*
[FR Doc. 2011–3722 Filed 2–18–11; 8:45 am]
mstockstill on DSKH9S0YB1PROD with RULES
9/20/10
Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
26.11.09.01 ..............................
*
General Administrative Provisions
Definitions .........................
*
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
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ADDRESSES:
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]]>Agencies
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9650-9652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3722]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0011; FRL-9268-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendment to the Definition of Fuel-Burning Equipment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP) amending the definition of
``fuel-burning equipment.'' The revision removes the word ``furnace''
from the definition of ``fuel-burning equipment'' in one of Maryland's
regulations and also removes the redundant definition of ``fuel-burning
equipment'' from another section. EPA is approving these revisions to
the definition of ``fuel-burning equipment'' in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This rule is effective on April 25, 2011 without further notice,
unless EPA receives adverse written comment by March 24, 2011. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0011 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2011-0011, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, 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-
2011-0011. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes 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 https://www.regulations.gov or e-mail. The https://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 https://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, 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
https://www.regulations.gov index. Although
[[Page 9651]]
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 https://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 the 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:
I. Background
The term ``fuel-burning equipment'' was originally defined in order
to differentiate between a boiler that involves the indirect heating of
air or water and fuel-burning installations that involve direct heat
exchange. Fuel-burning installations, such as a kiln, are subject to
the general requirements for sulfur dioxide (SO2) and
particulate matter, whereas fuel-burning equipment is subject to
different standards in the form of pounds of SO2 per million
(British thermal unit) Btu per hour heat input or the sulfur content of
the fuel.
Since a ``furnace'' is usually direct heat exchange, the State of
Maryland concludes that it should not be included in the definition of
``fuel-burning equipment''. There is no Federal definition of the term
``fuel-burning equipment,'' however, the term ``fuel-burning
equipment'' is consistent with the Federal definition of the term
``boiler.''
II. Summary of SIP Revision
On December 15, 2010, the State of Maryland submitted a formal
revision (10-10) to its State Implementation Plan (SIP). The
SIP revision consists of amendments to Regulation .01 under COMAR
26.11.01, General Administrative Provisions and Regulation .01 under
COMAR 26.11.09, Control of Fuel-Burning Equipment, Stationary Internal
Combustion Engines, and Certain Fuel-Burning Installations. The
revision removes the word ``furnace'' from the definition of ``fuel-
burning equipment'' in COMAR 26.11.01.01 and also removes the redundant
definition of ``fuel-burning equipment'' from COMAR 26.11.09.01.
III. Final Action
EPA is approving Maryland's revision which removes the word
``furnace'' from the definition of ``fuel-burning equipment'' in COMAR
26.11.01.01 and also removes the redundant definition of ``fuel-burning
equipment'' from COMAR 26.11.09.01. EPA is publishing this rule without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on April 25, 2011 without further notice unless EPA
receives adverse comment by March 24, 2011. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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
[[Page 9652]]
circuit by April 25, 2011. 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. Parties with
objections to this direct final rule are encouraged to file a comment
in response to the parallel notice of proposed rulemaking for this
action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action which
pertains to Maryland's amendment to the definition of ``fuel-burning
equipment'' 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, Particulate matter, Sulfur oxides.
Dated: February 1, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR 26.11.01.01 and COMAR 26.11.09.01 to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code of Maryland administrative State Additional explanation/ citation at 40 CFR
regulations (COMAR) citation Title/subject effective date EPA approval date 52.1100
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.01.01..................... Definitions....... 9/20/10 2/22/11, [Insert page number where Revision to paragraph .01B(17).
the document begins].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.09.01..................... Definitions....... 9/20/10 2/22/11, [Insert page number where Revision removes definition of ``fuel-
the document begins]. burning equipment''.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2011-3722 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P
