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[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51599-51601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20000]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-1001; FRL-8709-7]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; NOX and SO2 Emissions Limitations for Fifteen Coal-Fired 
Electric Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision pertains to 
regulations for emission limitations at 15 Maryland power plants. The 
intended effect of this action is to approve, with one exception, 
Maryland's regulation which establishes statewide tonnage caps for 
emissions of nitrogen oxides (NOX) and sulfur dioxide 
(SO2) from 15 coal-fired electric generating units (EGUs). 
The exception pertains to a portion of the rule that Maryland requested 
EPA take no further action on. The provision, which EPA has determined 
has no impact on the rule that is being finalized today, will be 
withdrawn in a separate notice. This SIP action is being taken under 
the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on October 6, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-1001. 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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch. 
23, Acts of 2006). The Healthy Air Act establishes limits on the amount 
of NOX and SO2 emissions that affected facilities 
can emit, and does not permit the use of allowances to achieve 
compliance. To implement the Healthy Air Act, the Maryland Department 
of the Environment (MDE) adopted COMAR 26.11.27, Emission Limitations 
for Power Plants. These regulations require the installation of on-site 
pollution controls at 15 Maryland power plants and will ensure that 
appropriate local emission reductions will occur where they are needed 
in order to attain the 8-hour ozone and fine particulate matter 
National Ambient Air Quality Standards (NAAQS) by 2010.
    A formal SIP revision (07-10) was submitted by MDE on July 
12, 2007. On January 10, 2008 (73 FR 1851), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of emission limitations and related requirements for 
NOX and SO2 at 15 coal-fired electric generating 
units in Maryland. No public comments were received on the NPR.
    On June 23, 2008, MDE submitted a letter withdrawing a portion of 
the July 12, 2007 submittal. The withdrawal is only for COMAR 
26.11.27.03B(7)(a)(iii). This provision requires a unit that exceeds 
its ozone season NOX emissions

[[Page 51600]]

limit to surrender ozone season NOX allowances equivalent to 
the number of tons of NOX emitted in excess of the limit. 
The June 23, 2008 letter requested that EPA finalize its rulemaking 
with respect to the rest of the SIP Revision that is not withdrawn. EPA 
determined that removal of regulation COMAR 26.11.27.03B(7)(a)(iii) 
does not impact the rest of the requirements in COMAR 26.11.27, and is 
severable. By separate action, EPA will withdraw this provision as 
requested by MDE.

II. Summary of SIP Revision

    The MDE is requesting that regulation COMAR 26.11.27, establishing 
tonnage caps for emissions of NOX and SO2 from 15 
coal-fired EGUs in Maryland, be approved. The purpose of these 
regulations is to help bring Maryland into attainment with the NAAQS 
for 8 hour ozone and fine particulate matter by the 2010 attainment 
deadline. The 15 affected units are as follows:

------------------------------------------------------------------------
        Electric generating unit                   Jurisdiction
------------------------------------------------------------------------
                    Constellation Energy Group System
------------------------------------------------------------------------
Brandon Shores 1 & 2...................  Anne Arundel County.
H. A. Wagner 2 & 3.....................  Anne Arundel County.
C. P. Crane 1 & 2......................  Baltimore County.
------------------------------------------------------------------------
                              Mirant System
------------------------------------------------------------------------
Chalk Point 1 & 2......................  Prince George's County.
Dickerson 1, 2, & 3....................  Montgomery County.
Morgantown 1 & 2.......................  Charles County.
------------------------------------------------------------------------
                            Allegheny Energy
------------------------------------------------------------------------
R. Paul Smith 3 & 4....................  Washington County.
------------------------------------------------------------------------

    These regulations also establish monitoring and reporting 
requirements, and authorize the MDE to reduce or waive penalties for 
non-compliance under certain conditions and provide for judicial review 
of decisions by the MDE to grant a reduction or waiver of penalties.

III. Final Action

    Maryland has met the requirements for submitting a SIP revision to 
limit NOX and SO2 emissions from 15 coal-fired 
EGUs. With the exception of COMAR 26.11.27.03B(7)(a)(iii), which will 
be withdrawn by separate action, EPA is approving the SIP revision.

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 3, 2008. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition

[[Page 51601]]

for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action.
    This action approving Maryland's SIP revision concerning emission 
limitations for NOX and SO2 at 15 coal-fired EGUs 
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, Nitrogen dioxide, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: August 20, 2008.
William T. Wisniewski,
Acting 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 Sec.  52.1070, the table in paragraph (c) is amended by adding an 
entry for COMAR 26.11.27 after the existing entry for COMAR 26.11.26 to 
read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations In the Maryland SIP
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  Code of Maryland administrative                               State                                              Additional explanation/citation at 40
   regulations (COMAR) citation         Title/subject      effective date             EPA approval date                         CFR 52.1100
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                                                     26.11.27 Emission Limitations for Power Plants
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26.11.27.01.......................  Definitions..........         7/16/07  9/4/08 [Insert page number where the
                                                                            document begins].
26.11.27.02.......................  Applicability and             7/16/07  9/4/08 [Insert page number where the
                                     Exceptions.                            document begins].
26.11.27.03.......................  General Requirements.         7/16/07  9/4/08 [Insert page number where the    Exceptions: Paragraphs
                                                                            document begins].                       .03B(7)(a)(iii) and .03D; the word
                                                                                                                    ``and'' at the end of paragraph
                                                                                                                    .03B(7)(a)(ii).
26.11.27.05.......................  Monitoring and                7/16/07  9/4/08 [Insert page number where the
                                     Reporting                              document begins].
                                     Requirements.
26.11.27.06.......................  Judicial Review of            7/16/07  9/4/08 [Insert page number where the
                                     Penalty Waivers.                       document begins].
 
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 [FR Doc. E8-20000 Filed 9-3-08; 8:45 am]
BILLING CODE 6560-50-P
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