47090 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

comments, NIGC published a Notice of 

Regulatory Review Schedule in the 

Federal Register setting out 

consultation schedules and review 

processes. (76 FR 18457, April 4, 2011). 

The Commission’s regulatory review 

process establishes a tribal consultation 

schedule with a description of the 

regulation groups to be covered at each 

consultation. This document advises the 

public that the following tribal 

consultations have been cancelled. 

Consultation date Event Location Regulation 

group(s) 

August 25–26, 2011 ............................... NIGC Consultation—Southwest ............. Wild Horse Resort Casino, Scottsdale, 

AZ.

1, 2, 3, 4, 5 

September 19–20, 2011 ......................... NIGC Regional Training ......................... Sky Ute Casino Resort Ignacio, CO ...... 3, 4, 5 

September 27–28, 2011 ......................... NIGC Consultation—Northeast .............. Turning Stone Casino, NY ..................... 3, 5 

November 7–12, 2011 ............................ USET Annual Meeting ........................... Mississippi Choctaw, MS ....................... 3, 4, 5 

For additional information on 

consultation locations and times, please 

refer to the Web site of the National 

Indian Gaming Commission, http:// 

www.nigc.gov. 

Dated: August 1, 2011, Washington, DC. 

Tracie L. Stevens, 

Chairwoman. 

Steffani A. Cochran, 

Vice-Chairwoman. 

Daniel J. Little, 

Associate Commissioner. 

[FR Doc. 2011–19808 Filed 8–3–11; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0623; FRL–9448–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Preconstruction Permitting 

Requirements for Electric Generating 

Stations in Maryland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Maryland 

Department of the Environment (MDE) 

on May 13, 2011 and July 15, 2011. This 

SIP revision revises and supplements 

the preconstruction permitting 

requirements for electric generating 

stations that are required to receive a 

Certificate of Public Convenience and 

Necessity (CPCN) from the Maryland 

Public Service Commission (PSC) before 

commencing construction. The SIP 

revision also requires electric generating 

stations to obtain a preconstruction 

permit from the MDE when a CPCN is 

not required under the PSC regulations 

and statutes. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 6, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0623 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: cox.kathleen@epa.gov. 

3. Mail: EPA–R03–OAR–2011–0623, 

Ms. Kathleen Cox, Associate Director, 

Office of Permits and Air Toxics, 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

4. 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– 

0623. 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: 

David Talley at 215–814–2117, or by 

e-mail at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. EPA is proposing approval of this 

SIP revision because it corrects the 

deficiencies in the Maryland SIP and 

eliminates inconsistencies between 

State statutory and regulatory 

requirements for preconstruction 

permitting for electric generating 

stations in Maryland. It will also ensure 

that the SIP is adequate to prevent 

significant deterioration of air quality in 

areas designated as attainment or 

unclassifiable as required by Sections 

110(a) and 161 of the CAA and 40 CFR 


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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 47091 

51.166, and will ensure that the SIP 

provides for the attainment and 

maintenance of the National Ambient 

Air Quality Standards (NAAQS). 

Table of Contents 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On May 13, 2011, MDE submitted a 

SIP revision request (#11–01) to EPA. 

The MDE is the State agency designated 

by the Governor of the State of 

Maryland as the official State agency 

responsible for implementing the CAA. 

The Maryland PSC is an agent of the 

State of Maryland and is an 

independent unit in the Executive 

Branch of the government of the State of 

Maryland. The PSC regulates public 

utilities including generating stations 

owned by electric companies doing 

business in Maryland and is empowered 

by the State of Maryland to issue 

Certificates of Public Convenience and 

Necessity (CPCN) for the construction 

and modification of electric generating 

stations. 

Section 110(a)(2)(C) of the CAA 

requires the State’s SIP to have a 

program for regulation of construction 

and modification of sources. This 

includes the Prevention of Significant 

Deterioration (PSD) and nonattainment 

New Source Review (NSR) programs as 

required by Parts C and D of Title I of 

the CAA to assure that the NAAQS are 

protected. Electric generating stations in 

Maryland are required to obtain a CPCN 

from the PSC prior to construction or 

modification. We are proposing to 

approve the May 13, 2011 SIP revision 

that requires electric generating stations 

to obtain a CPCN prior to construction. 

This SIP revision also requires that all 

of the air quality provisions that would 

otherwise be incorporated into a permit 

to construct or an approval issued by 

MDE must be contained in a CPCN 

issued by the PSC. 

II. Summary of SIP Revision 

As provided in Environment Article 

2, 2–402(3), Annotated Code of 

Maryland, electric generating stations 

that are not required to obtain a CPCN 

from the PSC for any reason remain 

subject to MDE’s preconstruction 

permitting requirements. However, the 

current SIP-approved regulations at 

COMAR 26.11.02.09 and .10 exempt all 

electric generating stations constructed 

or modified by electric generating 

companies from MDE’s permitting 

regulations. These regulations are 

inconsistent with the statutory 

provision in that they do not preserve 

MDE’s permitting authority for electric 

generating stations that are not required 

to obtain a CPCN. We are proposing to 

approve the SIP revision submitted by 

MDE on May 13, 2011 to include 

updated provisions at COMAR 

26.11.02.09 and .10. 

For the first time, MDE is also 

submitting for the approval into its SIP, 

Public Utility Companies Article, 7–205, 

7–207, 7–207.1 and 7–208, Annotated 

Code of Maryland as well as the PSC 

regulations at COMAR 20.79.01.01, .02, 

.06 and .07, COMAR 20.79.02.01, .02, 

and .03, and COMAR 20.79.03.01 and 

.02. The Public Utility Companies 

Article’s provisions and the associated 

PSC regulations govern more than CAA 

requirements and air quality issues. 

Therefore, we are proposing to approve 

into the SIP only those regulatory and 

statutory provisions that govern the PSC 

process which are necessary to 

implement CAA requirements, and are 

taking no action on those portions of 

Maryland’s May 13, 2001 submittal 

which are unrelated to requirements of 

the CAA The technical support 

document (TSD) included in the docket 

for this proposed rulemaking action 

specifies those provisions of the May 13, 

2011 SIP revision request that are being 

proposed for approval into the SIP. The 

TSD also specifies those provisions 

upon which EPA is taking no action. 

This SIP revision, when approved, 

will correct deficiencies within the 

current Maryland SIP and will allow 

Maryland’s programs for the permitting 

of electric generating stations to meet 

the applicable requirements of the CAA 

and Federal regulations. 

As previously stated, the May 13, 

2011 SIP revision request includes 

(among other requirements) Title 20, 

Subtitle 79, Chapter 01, paragraph .07 

Waivers and Modifications and Title 20, 

Subtitle 79, Chapter 02 paragraph .03 

Proceedings on the Application, 

specifically subparagraph C. Phased 

Proceedings Requests. On July 15, 2011, 

Secretary Robert M. Summers of MDE 

submitted a letter to Shawn M. Garvin, 

Regional Administrator of EPA Region 

III to supplement the May 13, 2011 SIP 

revision request. The July 15, 2011 letter 

provides assurances that when the PSC 

implements these regulatory provisions, 

MDE, pursuant to its authority under 

the Public Utility Companies Article, 

Subsection 7–208, paragraph (f), will 

ensure that no waivers, modifications or 

phased applications are issued or 

accepted by the PSC that do not comply 

with all applicable requirements of the 

Federal Clean Air Act and Federal 

regulations. We are proposing to make 

this letter part of the Maryland SIP. 

III. Proposed Action 

EPA is proposing to approve the SIP 

revision request submitted by MDE on 

May 13, 2011 as supplemented on July 

15, 2011, regarding the preconstruction 

permitting requirements for electric 

generating stations because it satisfies 

the applicable provisions of the CAA 

and associated Federal regulations. We 

are 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 CAA, 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 CAA. 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 


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47092 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules 

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 for 

clarifying the statutes and regulations in 

the Maryland State Implementation Plan 

for the preconstruction permitting 

requirements for electric generating 

stations in Maryland 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, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 22, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–19799 Filed 8–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2011–0499; 

FRL–9448–3] 

Approval and Promulgation of 

Implementation Plans; Reasonably 

Available Control Technology for 

Oxides of Nitrogen for a Specific 

Source in the State of New Jersey 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the State Implementation 

Plan (SIP) for ozone submitted by the 

State of New Jersey. This SIP revision 

consists of a source-specific reasonably 

available control technology (RACT) 

determination for controlling oxides of 

nitrogen from the stationary 

reciprocating, diesel fuel fired, internal 

combustion engines operated by the 

Naval Weapons Station Earle located in 

Colts Neck, New Jersey. This action 

proposes an approval of the sourcespecific RACT determination that was 

made by New Jersey in accordance with 

the provisions of its regulation to help 

meet the national ambient air quality 

standard for ozone. The intended effect 

of this proposed rule is to approve 

source-specific emissions limitations 

required by the Clean Air Act. 

DATES: Comments must be received on 

or before September 6, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R02– 

OAR–2011–0499, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket No. EPA–R02–OAR- 2011–0499. 

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 or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 

4 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Raymond K. Forde, Air Programs 

Branch, Environmental Protection 

Agency, 290 Broadway, 25th Floor, New 

York, New York 10007–1866, (212) 637– 

3716 or Forde.Raymond@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. EPA’s Proposed Action 

A. What action is EPA proposing today? 

B. Why is EPA proposing this action? 

C. What are the Clean Air Act requirements 

for NOX RACT? 

D. What is EPA’s evaluation of New 

Jersey’s SIP revision? 

II. New Jersey’s SIP Revision 

A. What are New Jersey’s NOX RACT 

requirements? 

B. What are New Jersey’s facility specific 

NOX RACT requirements? 

C. When was New Jersey’s RACT 

determination proposed and adopted? 

D. When was New Jersey’s proposed SIP 

revision submitted to EPA? 

III. Conclusion 

VI. Statutory and Executive Order Reviews 

I. EPA’s Proposed Action 

A. What action is EPA proposing today? 

EPA is proposing to approve New 

Jersey’s revision to the ozone State 

Implementation Plan (SIP) submitted on 

May 14, 2009. This SIP revision relates 

to New Jersey’s NOX RACT 

determination for the Naval Weapons 


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