[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Rules and Regulations]
[Page 12895-12897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-14]
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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.
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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: http://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]]
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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