34670 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 

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 www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site 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 www.regulations.gov, your email 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 

www.regulations.gov index. Although 

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 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: 

Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the Rules and Regulations 

section of this Federal Register 

publication. 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. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14765 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0386; FRL–9164–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Revision to Emission 

Limitations for R. Paul Smith Power 

Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland. This revision pertains to 

revised emission limitations for the R. 

Paul Smith Power Station located in 

Washington County. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0386 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2010–0386, 

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–2010– 

0386. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 http:// 

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 http:// 

www.regulations.gov index. Although 

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 http:// 

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: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On December 15, 2009, the Maryland 

Department of the Environment (MDE) 

submitted a revision to the Maryland 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Proposed Rules 34671 

SIP. The SIP revision (#09–04) pertains 

to changes in emission limitations for 

the R. Paul Smith Power Station in 

Washington County. This facility had 

annual nitrogen oxides (NOx), ozone 

season NOx, and sulfur oxides (SO2) 

emission limits that were established 

under EPA-approved Maryland 

regulation COMAR 26.11.27—Emission 

Limitations for Power Plants, which was 

adopted by the State to meet statutory 

requirements under the Maryland 

Healthy Air Act (HAA). The HAA 

allows R. Paul Smith to operate without 

complying with the emission limitations 

set forth in this statute if PJM 

Interconnection, Inc. (PJM) determines 

that termination of operation of the 

facility will adversely affect the 

reliability of electrical service in the 

PJM region. Subsequent to Maryland’s 

adoption of COMAR 26.11.27 and EPA’s 

approval of the rule into the Maryland 

SIP, PJM determined that the R. Paul 

Smith facility is needed to maintain 

electricity reliability in the State. The 

HAA requires that if R. Paul Smith units 

3 and 4 are allowed to operate without 

complying with the emissions 

limitations established in the statute, 

certain conditions must be met. These 

conditions require that the facility 

operate at emissions levels that are 

lower than the highest level measured at 

the facility during the calendar years 

from 2000 through 2004, and that MDE 

review the operations of the facility, 

then adopt regulations to establish an 

alternative emissions requirement for 

the facility. In accordance with these 

statutory requirements, MDE revised 

COMAR 26.11.27 to establish alternative 

emission limits for these two Electric 

Generating Units at R. Paul Smith. 

II. Summary of SIP Revision 

COMAR 26.11.27 is revised to 

establish new emission limitations for 

R. Paul Smith Power Station. The NOx 

annual tonnage limits for R. Paul Smith 

is revised from 416 tons to 1390 tons 

starting with the 2009 control period, 

the NOx ozone season limit is revised 

from 140 tons to 545 tons starting with 

the 2009 ozone season, and the SO2

annual tonnage is revised from 1002 

tons to 4590 tons starting with the 2009 

control period. 

Because the SIP revision increases 

emissions from this facility, MDE was 

required to meet section 110(l) of the 

CAA. Section 110(l) requires that the 

revision not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of section 110. EPA’s 

analysis confirmed that the SIP revision 

does not interfere with any section 

110(l) requirements. A more detailed 

discussion of EPA’s rationale for 

approval of this Maryland SIP revision 

may be found in the technical support 

document (TSD) for this action. 

III. Proposed Action 

EPA is proposing to approve the SIP 

revision submitted by the State of 

Maryland on December 15, 2009. The 

SIP revision incorporates revisions to 

the emission limitations that apply to 

the R. Paul Smith Power Station in 

Washington County. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule 

approving revisions to the emission 

limitations for R. Paul Smith Power 

Station 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–14779 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0124; FRL–9164–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Limiting Emissions of 

Volatile Organic Compounds From 

Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware concerning the control of 

volatile organic compounds (VOC). The 

revision amends existing Section 2.0— 

Consumer Products to Delaware’s 

Regulation 1141 (formerly SIP 

Regulation No. 41)—Limiting Emissions 

of Volatile Organic Compounds from 

Consumer and Commercial Products. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 


hsrobinson on DSK69SOYB1PROD with PROPOSALS-1